December 19, 2001

In a case of first impression, the U.S. Court of Appeals for the Second Circuit ruled that a physician's submission of claims for Medicare reimbursement for allegedly substandard medical care is not actionable under the False Claims Act.  In so ruling, the Court agreed with eight medical societies on whose behalf the Firm filed an amicus curiae brief. The medical societies -- the American Medical Association, the Medical Society of the State of New York, the American Academy of Family Physicians, the American Academy of Orthopaedic Surgeons, the American Association of Neurological Surgeons-Congress of Neurological Surgeons, the American College of Chest Physicians, the American Society of Cataract and Refractive Surgery, and the Association of American Medical colleges -- argued that the contrary position would not only be legally incorrect but would have severely detrimental consequences for Medicare beneficiaries and for public health in general.  Partners Paul M. Smith and Robert M. Portman and Associate Jessie K. Liu filed the brief, and Ms. Liu argued before the Second Circuit on behalf of the medical societies.