U.S. EX REL. TAYLOR v. BOYKO

No. 20-1661.

39 F.4th 177 (2022)

UNITED STATES EX REL. Cortney TAYLOR, Plaintiff-Appellant, v. Michael J. BOYKO, M.D.; Mark Perni, D.O.; BestPractices of West Virginia, Inc., an unlicensed West Virginia corporation; Martin Gottlieb & Associates, LLC, a Florida limited liability company; BestPractices, Inc.; Holiday Acquisition Company, Inc., a Colorado corporation; EmCare, Inc., a Delaware corporation; Envision Healthcare Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 29, 2022.


Attorney(s) appearing for the Case

ARGUED: Richard Allen Monahan , BORDAS & BORDAS, PLLC, Wheeling, West Virginia, for Appellant. Brian D. Roark , BASS, BERRY & SIMS, PLC, Nashville, Tennessee; Robert Vencill Williams , BURR & FORMAN, LLP, Tampa, Florida, for Appellees. ON BRIEF: Christopher J. Regan , BORDAS & BORDAS, PLLC, Wheeling, West Virginia, for Appellant. Elizabeth L. Taylor , THOMAS COMBS & SPANN, PLLC, Charleston, West Virginia, for Appellee Martin Gottlieb & Associates LLC. Angela L. Bergman , BASS, BERRY & SIMS PLC, Nashville, Tennessee, for Appellees Michael Boyko, M.D.; Mark Perni, D.O.; BestPractices of West Virginia, Inc.; BestPractices, Inc.; Holiday Acquisition Company, Inc.; EmCare, Inc.; and Envision Healthcare Corp.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Harris and Judge Richardson joined.


Relator Cortney Taylor brought this False Claims Act challenge against two doctors, five medical companies, and an accounting firm, collectively referred to hereinafter as Defendants.1 She alleged that Defendants (1) knowingly submitted false claims to Medicare following the dissolution of one company...

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