Robert Salcido Quoted by Law360 on FCA Victory
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For its article “Atty Owes Fees To Nursing Home For FCA Suit, Judge Says,” Law360 has quoted Akin health care & life sciences partner Robert Salcido. The article discusses the recent ruling in a False Claims Act (FCA) suit between the United States and GGNSC Southaven LLC, d/b/a Golden Living Center – Southaven, in which GGNSC was awarded attorney fees.
Speaking on the ruling, Robert, who serves as co-counsel to GGNSC, said, “The district court appropriately applied the evidence and law in concluding that relator’s action was ‘patently and demonstrably frivolous’.”
According to the article, the defendants sought collection of attorney fees on multiple grounds, claiming that the lawsuit—a purported whistleblower case in which the plaintiff sought $30 million (read more here)—was preventable through simple due diligence.
Robert emphasized the importance of the FCA, saying, “This case is a perfect example of why Congress created the False Claims Act fee-shifting provision to penalize those who have misused their statutory privilege to file lawsuits on the government’s behalf and have distorted the intent of the statute.”
