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Dowd Bennett Obtains Dismissal from Eleventh Circuit Court of Appeals

The United States Court of Appeals for the Eleventh Circuit ordered the dismissal of United States of America ex rel., Chester Saldivar v. Fresenius Medical Care Holdings, Inc. on behalf of Dowd Bennett’s client, Fresenius Medical Care North America.

The case dates back to November 2010 when Saldivar filed suit in the U.S. District Court for the Northern District of Georgia, claiming Fresenius violated the False Claims Act.  The court found that Fresenius’s actions did not meet the intent requirement under the FCA and thus granted Fresenius’s motion for summary judgment, which led to Saldivar filing the appeal in the Eleventh Circuit.  Saldivar’s appeal was dismissed by the Eleventh Circuit for lack of jurisdiction because of it’s findings that the allegations that were the basis of the complaint were publicly disclosed and that Saldivar was not an original source.

The entire Opinion can be read by clicking on the link below.

Eleventh Circuit Opinion

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Dowd Bennett is a litigation firm with extensive courtroom experience. Led by trial-seasoned lawyers, including former federal prosecutors and judicial law clerks, our team shares tenacity, a passion for seeing cases through trial and a complete commitment to client service.