Foley Hoag partner David Lazarus was quoted in Massachusetts Lawyers Weekly regarding a False Claims Act decision where a medical laboratory was awarded attorneys' fees after defending against "vexatious" litigation. In OMNI Healthcare, Inc. v. MD Spine Solutions, LLC, U.S. District Judge Patti B. Saris found that the relator knowingly ordered medically unnecessary tests solely to substantiate their FCA claims.
Lazarus called the relator's conduct "outrageous," stating: "The relator's conduct was outrageous, and relators are already incentivized to bring these whistleblower lawsuits. It's a serious problem if those same relators, purportedly on behalf of the government, are actually creating the false claims so they can pursue what they think are deep pockets."
He also emphasized the importance of defending FCA cases, noting: "The evidence of the relator's severe misconduct in this case apparently didn't come out until discovery, well after the motion to dismiss and additional motion practice. It was years into the litigation that this came out, so it shows the importance of fighting when appropriate and taking the time to gather the necessary information to be able to face the litigation head on."
Read more here.
The media has been rife with misinformation and libels about Israel’s conduct during the war that was triggered two years ago by the Hamas-led massacres in southern Israel on October 7, 2023. Hone...