Legal Opinion

Smith v. Carolina Medical Center

District Court, E.D. Pennsylvania

Decided August 2, 2017No. CIVIL ACTION NO. 11-2756PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

STENGEL, C. J.

Karen Smith, the former clinical director at a mental health clinic in North Carolina, filed a qui tam complaint under the False Claims Act (FCA), 31 U.S.C. § 3729, et seq., alleging that an “excluded person,”— Melchor Martinez, who had been convicted of Medicaid fraud in 2000—was improperly managing the clinic as well as several others, and that these clinics were concealing this fact, thereby tendering their Medicare and Medicaid billings fraudulent.1 She brought her claims against three corporations that owned the clinics: Carolina Community Mental Health Centers,…

2Cases cited38 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  4. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
  5. Christensen v. Harris CountySupreme Court of the United States · 2000

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3Cited by6 opinions

  1. ASCOLESE v. SHOEMAKER CONSTRUCTION CO.District Court, E.D. Pennsylvania · 2021
  2. THE UNITED STATES OF AMERICA v. BAYADA HOME HEALTH CARE, INC.District Court, D. New Jersey · 2021
  3. UNITED STATES OF AMERICA v. PHILADELPHIA VISION CENTERDistrict Court, E.D. Pennsylvania · 2022
  4. United States v. AMERICAN HEALTH FOUNDATION INC.District Court, E.D. Pennsylvania · 2023
  5. United States v. NEARYDistrict Court, D. New Jersey · 2021

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