Litigation Practice - False Claims Act / Whistleblower Litigation
“Bondurant, Mixson & Elmore handles some of Atlanta’s biggest civil litigation cases” – Atlanta Business Chronicle
We have extensive experience representing both whistleblowers and corporate defendants in federal False Claims Act (FCA) litigation in federal courts nationwide. Our experience representing clients on both sides of these cases gives us a unique perspective in FCA litigation.
We are frequently called upon to assist other firms in taking a proactive approach to these cases in order to achieve timely, favorable outcomes.
Representative Work
Relator (Whistleblower) Cases
- Represented two whistleblowers in an FCA action against a global pharmaceutical company for illegal, off-label marketing of Botox for unapproved uses. The case resulted in a $600 million global civil/criminal settlement, the largest recovery in an FCA case in Georgia history and one of the top 25 FCA recoveries in history at the time of the settlement.
- Represented five whistleblowers in an FCA action against a nationwide nursing home chain for systemic failure of care at a local facility. The case resulted in a $2.5 million settlement, the largest FCA recovery involving failure-of-care at a single skilled nursing facility at the time.
Defense Cases
- Successfully defended a nationwide broker of SBA-backed commercial loans in an FCA action brought by a hedge fund challenging the broker’s underwriting practices. Our client’s motion to dismiss was granted because the action was based on publicly disclosed information, and the dismissal was upheld by the Eleventh Circuit Court of Appeals.
- Successfully defended a publicly traded durable medical equipment company in an FCA action, obtaining dismissal of the action based on failure of the complaint to satisfy Fed. R. Civ. P. 9(b). The dismissal was upheld by the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court denied the relator’s petition for writ of certiorari.
- Defended multiple occupational therapy and rehabilitation clinics in an FCA action and succeeded in disqualifying the plaintiff’s counsel for professional misconduct. The case was subsequently dismissed for failure to prosecute, and the dismissal was upheld by the Eleventh Circuit Court of Appeals.
News
- August 24, 2011