March 29, 2012

Jenner & Block recently won a significant victory for Q2Administrators when the District Court for the Eastern District of Pennsylvania dismissed the Plaintiff’s False Claims Act case in its entirety for lack of subject matter jurisdiction.  The Plaintiff alleged that the defendants had improperly reviewed appeals of Medicare claims for durable medical equipment because they allegedly did not provide for review by a physician or healthcare professional as required by the regulations.  Jenner & Block filed a motion to dismiss the Complaint under Federal Rules of Civil Procedure 12(b)(1) (lack of subject matter jurisdiction), 9(b) (failure to allege fraud with particularity) and 12(b)(6) (failure to state a claim under which relief can be granted).

On March 27, 2012, the Judge concluded that the Court did not have subject matter jurisdiction and granted the motion to dismiss after determining that the Plaintiff’s Complaint was based on public disclosures in other, prior administrative proceedings, as well as a separate bankruptcy case, and that Plaintiff was not an original source of the information on which the allegations were based.

The Jenner & Block team included Partners W. Jay DeVecchio and Daniel E. Chudd and Associates James C.  Cox and Marina K. Jenkins and Law Clerk Anna M. Sturgis.