DoJ Suffers Major Defeat in Qui Tam Intervention

November 13, 2017

U.S. Magistrate Judge Theresa Carroll Buchanan of the Eastern District of Virginia struck a DoJ expert witness and ordered the Department to pay legal fees to Maryland-based nursing facilities company HCR ManorCare Inc.

Judge Buchanan issued a strongly-worded statement with her decision, saying she had been “appalled and embarrassed” by the DoJ’s attempt to bring an FCA suit against Manorcare, and went so far as to say she didn’t think the case “should ever have been brought.”

In a subsequent court filing, government lawyers expressed their disagreement with Buchanan’s decision, and signaled their intent to appeal. (National Law Journal)