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U.S. v. SOUTHERN MARYLAND HOME HEALTH SERVICES

No. CIV.A. S-00-0238.

95 F.Supp.2d 465 (2000)

UNITED STATES of America, Plaintiff, v. SOUTHERN MARYLAND HOME HEALTH SERVICES, INC., et. al. Defendants.

United States District Court, D. Maryland.

May 9, 2000.

Attorney(s) appearing for the Case

Charles J. Peters, Assistant United States Attorney, Lynne A. Battaglia, U.S. Attorney, Baltimore, MD, for plaintiff.

Thomas C. Morrow, Law Office, Towson, MD, Katherine Karker-Jennings, Karker-Jennings, P.A., Baltimore, MD, for Southern Maryland Home Health Services, Inc., a Maryland Corporation, defendant.

Diane M. Cannon, Laurel, MD, pro se.

MEMORANDUM OPINION AND ORDER

SMALKIN, District Judge.

The Court is called upon to decide an issue of first impression in this Circuit, viz., whether a corporate employer is vicariously liable as a matter of law under the False Claims Act ("FCA") as a result of the misdeeds of a low-level employee who, acting within the scope of her employment, caused false claims to be filed with the Government without the knowledge or consent of her employer...

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