In Conte v. Kingston NH Operations LLC, 2022 U.S. Dist. LEXIS 21686, *1, 2022 WL 356753, a New York District court granted a defendant’s motion to dismiss an employee’s false claims allegations under the False Claims Act (the “FCA”) and the New York False Claims Act (the “NYFCA”). The case stemmed from allegedly improper patient care and workspace safety during the COVID-19 pandemic, which the plaintiff brought against a New York nursing home operator under both the FCA and NYFCA. Despite multiple alleged COVID-related deaths and demonstrated care issues that the court acknowledged were present, the court dismissed the case as such allegations were not actionable under these fraud and abuse statutes.
Nicole Conte brought the case against Kingston NH Operations, LLC (“Kingston”), which operates Ten Broeck Center (“TBC”), a nursing home that employed Conte as a Talent Acquisition and Onboarding Coordinator. Conte alleged Kingston engaged several practices that allegedly violated the FCA. Specifically, Conte alleged that Kingston mishandled COVID-19 protocols required by New York that: (1) amounted to improper quality of patient care and improper quality of workspace safety, and (2) thus materially violated the FCA and NYFCA. Conte alleged that Kingston’s failure to provide employees with proper personal protective equipment, failure to instruct its employees how to use the protective equipment, and the lack of enforcement of state-issued mask mandates and social distancing...
A video shows the Green Party celebrating an election win in a foreign language. False. This video was posted before the election. It is a Bengali language campaign video posted by the Green Party ...