Law Firms Mentioned:Abell Eskew Landau LLP | Cotchett, Pitre & McCarthy LLP | Dechert LLP | Epstein Becker Green, P.C.
Organizations Mentioned:175 Park Avenue LLC | Community Mobile Testing Inc. | Dart Medical Laboratory, Inc. | LabQ Clinical Diagnostics LLC | MLK Blvd Upscale LLC | Relator Resolute 3 LLC | The Malon Resort NJ LLC
By Jeffrey H. Brochin, J.D.
None of the relevant factors of witness or party convenience, locus of operational facts, or judicial efficiency, weighed in favor of venue transfer to New Jersey.
A federal district court in New York has denied the motion for transferring venue, or in the alternative recusal of the presiding judge, in a False Claims Act (FCA) intervening lawsuit brought by the federal government against COVID-19 testing operators and laboratory operators. The lawsuit alleged that the providers double billed the government under the Uninsured Program’s reimbursement arrangement by failing to properly screen patients as to whether they in fact had other health care coverage. Although the providers argued that the case should properly be heard in New Jersey, situs of their billing and laboratory operations, the court disagreed, finding that the precedential factors for venue transfer were not satisfied. The court further ruled that the criteria for judicial recusal did not apply merely because the judge himself and his family members had been tested at the providers’ testing stations (U.S. v. LabQ Clinical Diagnostics, LLC, No....
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