MIKES v. STRAUS

Docket Nos. 00-6269, 00-6270.

274 F.3d 687 (2001)

Patricia S. MIKES, U.S. Gov't. Ex Rel., Patricia S. Mikes, Plaintiff-Appellant-Cross-Appellee, v. Marc J. STRAUS, Jeffrey Ambinder, Eliot L. Friedman, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 19, 2001.


Attorney(s) appearing for the Case

Harold R. Burke, Greenwich, CT (Holland Kaufmann & Bartels, LLC, Greenwich, Connecticut, of counsel), for Plaintiff-Appellant Patricia S. Mikes, M.D.

Barry B. Cepelewicz, White Plains, NY (David J. Meiselman, Arthur G. Larkin, Meiselman, Denlea, Packman & Eberz, P.C., White Plains, NY, of counsel), for Defendants-Appellees Marc J. Straus, M.D., Jeffrey M. Ambinder, M.D. and Eliot L. Friedman, M.D.

Gideon A. Schor, Assistant United States Attorney, New York, NY, (Jeffrey Oestericher, Assistant United States Attorney, Mary Jo White, United States Attorney for the Southern District of New York, New York, NY, of counsel), for Amicus Curiae United States of America.

Jessie K. Liu, Washington, DC (Paul M. Smith, Robert M. Portman, Jenner & Block, LLC, Washington, DC, of counsel), for Amici Curiae American Medical Association, Medical Society of the State of New York, American Academy of Family Physicians, American Academy of Orthopaedic Surgeons, American Association of Neurological Surgeons-Congress of Neurological Surgeons, American College of Chest Physicians, American Society of Cataract and Refractive Surgery, and Association of American Medical Colleges.

Anthony L. DeWitt, Jefferson City, MO (Bartimus, Frickleton, Robertson & Obetz, PC, Jefferson City, MO, of counsel), filed a brief for the American Association for Respiratory Care as Amicus Curiae.

Amy M. Wilken, Washington, DC (Dylan G. Trache, Taxpayers Against Fraud, The False Claims Act Legal Center, Washington, DC; Bruce J. Terris, Terris, Pravlik & Millian, LLP, Washington, DC, of counsel), filed a brief for Taxpayers Against Fraud, The False Claims Act Legal Center as Amicus Curiae.

Before: CARDAMONE, PARKER, Circuit Judges, and SPATT, District Judge.


CARDAMONE, Circuit Judge.

On this appeal we review a complaint asserting violations of the False Claims Act (Act), 31 U.S.C. § 3729 et seq. (1994), brought by a plaintiff employee against her former employers, who are health care providers. The appeal raises issues of first impression in this Circuit concerning the applicability of medical standards of care to the Act.

Congress enacted the False Claims...

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