Dowd Bennett Obtains Dismissal of False Claims Act Case

On July 30, 2021, the United States District Court for the Eastern District of New York dismissed with prejudice a qui tam action filed against Dowd Bennett client Fresenius Medical Care North America.  The case challenged certain joint venture arrangements with physicians and was dismissed based on the False Claims Act public disclosure bar.  A magistrate judge issued a report and recommendation granting the motion to dismiss in January 2021, which the District Court adopted in full after rejecting the relator’s objections.  Dowd Bennett attorneys Jim Bennett, Megan Heinsz, Hannah Preston, and Phil Cantwell represented the defendants.  The case is United States ex rel. CKD Project, LLC v. Fresenius Medical Care Holdings, Inc., et al., No. 14-cv-06646.