Legal Opinion

United States Ex Rel. Deering v. Physiotherapy Associates, Inc.

District Court, D. Massachusetts

Decided March 10, 2009No. Civil Action 03cv10626-NGPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER RE: MOTIONS TO DISMISS AND AMEND

NANCY GERTNER, District Judge.

I. INTRODUCTION

Relator Kerry Deering brought suit against his employer and its parent corporation under the False Claims Act, alleging Medicare and Medicaid fraud. Over four years later, but before the case was unsealed, he amended his complaint to add claims for retaliation and defamation. Shortly thereafter, the government and the defendants reached a settlement and voluntarily dismissed the fraud claim. The defendants have moved to dismiss relator’s remaining claims as time-barred, inadequately pled, and…

2Cases cited21 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
  3. Riley v. PresnellMassachusetts Supreme Judicial Court · 1991
  4. Graham County Soil & Water Conservation District v. United States Ex Rel. WilsonSupreme Court of the United States · 2005
  5. Peagler v. Phoenix Newspapers, Inc.Arizona Supreme Court · 1977

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3Cited by3 opinions

  1. Hayes v. Department of EducationDistrict Court, S.D. New York · 2014
  2. Hunt Ex Rel. Chiovari v. DartDistrict Court, N.D. Illinois · 2009
  3. United States v. Team Health Holdings, Inc.District Court, E.D. Michigan · 2025

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