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Fraud – False Claims Act

Where a relator brought a False Claims Act suit alleging that the defendants submitted an application to the National Institute on Aging for research on Alzheimer’s disease which relied on falsified data, an award of summary judgment for the defendants must be vacated and the case remanded because of material issues regarding falsity, materiality and knowledge.

United States ex rel. Jones v. Brigham and Women’s Hospital, et al. (Lawyers Weekly No. 01-121-12) (51 pages) (Lipez, J.) (1st Circuit) Appealed from a decision by Young, J., in the U.S. District Court for the District of Massachusetts. Jeremy L. Friedman, with whom William D. Hughes, Michael D. Kohn, Hughes & Nunn and Kohn, Kohn & Colapinto were on brief, for the relator-appellant; Alan D. Rose, with whom Lisa A. Tenerowicz and Rose, Chinitz & Rose were on brief, for the defendants-appellees (Docket No. 10-2301) (May 7, 2012).