U.S. EX REL. HUTCHESON v. BLACKSTONE MEDICAL, INC.

No. 10-1505.

647 F.3d 377 (2011)

UNITED STATES of America ex rel. Susan HUTCHESON and Philip Brown, Plaintiffs, Appellants, v. BLACKSTONE MEDICAL, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 1, 2011.


Attorney(s) appearing for the Case

Jennifer M. Verkamp , with whom Frederick M. Morgan, Jr. , and Morgan Verkamp LLC, were on brief, for appellants.

Charles W. Scarborough , Appellate Staff, Civil Division, Department of Justice, with whom Tony West , Assistant Attorney General, Carmen Ortiz , United States Attorney, and Douglas N. Letter , Appellate Staff, Civil Division, Department of Justice, were on brief, for the United States, amicus curiae.

Catherine E. Stetson , with whom Peter S. Spivack , Jonathan L. Diesenhaus , Jessica L. Ellsworth , Lillian S. Hardy , Stephanie L. Carman , Hogan Lovells U.S. LLP, Douglas Hallward-Driemeier , Kirsten V. Mayer , and Ropes & Gray LLP, were on brief, for appellee.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.


LYNCH, Chief Judge.

In this qui tam action brought under the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., relator Susan Hutcheson appeals from a Rule 12(b)(6) dismissal of her claims against Blackstone Medical, Inc. (Blackstone).

Hutcheson argues that Blackstone "knowingly" "cause[d]" hospitals and physicians to submit materially "false or fraudulent" claims to Medicare, Medicaid, and TRICARE in violation of 31 U.S.C. § 3729(a)(1) &...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases