18 Jan Virginia: False Claims – a Lawyer’s Whistleblower
By Order on December 9, 2015, the Judge granted Plaintiff’s Motion to Strike the claimed “affirmative defenses of estoppel, laches, waiver, unclean hands, public disclosure, failure to state a claim, failure to plead fraud with specificity, damages too remote or speculative, release, accord and satisfaction, and statute of limitation in the “whistleblower” lawsuit, United States v. HCR Manor Care, Inc., Nos. 1:09-cv-00013, 1:11-cv-1054, and 1:14-cv-1228 in United States District Court, Eastern District of Virginia, Alexandria Division. Id. at 1-5. It denied the motion re claimed violations of defendants’ due process rights. Id. at 5.
HCR Manor Care, Inc. is 3 consolidated actions against HCR Manor Care, Inc. and Heartland Employment Services, LLC maintained by the government under the False Claims Act (“FCA”) for alleged healthcare fraud. Such suits provide substantial recoveries to the citizen “whistleblowers” who expose fraud through legal counsel.