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United States, ex rel. Stephanie Strubbe, et al. v. Crawford County Memorial Hospital, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-1022 · judgment February 11, 2019


Certiorari denied · November 25, 2019
Pre-decision estimate: 36% cert probability (95% interval 24%–51%)

Before the decision, about 8.7× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a circuit split argued in the petition, and an Eighth Circuit decision below.

Questions presented

  1. Paramedics and EMTs at a county hospital were ordered by management to perform unnecessary services and then enter incorrect time into the hospital billing software, which they were told was for "billing and cost reporting" purposes. Must these employees, Relators in a suit brought under the False Claims Act, have seen and therefore pled the exact content of billings sent to Medicare - contents which were kept secret by management - in order to be able to survive a motion to dismiss made under Fed. R. Civ. P. 9(b)

  2. When three hospital employees became concerned about billing and financial irregularities at the hospital, they undertook their own investigation about those irregularities. The employees also complained internally about the facts that ultimately led to their lawsuit brought under the False Claims Act. Do the actions of employees related to their investigation and internal complaints constitute protected activity under the Act, or must employees specifically threaten a False Claims Act lawsuit in order to be protected?

Counsel of record

For petitioner
Angela L. Campbell
Dickey, Campbell & Sahag Law Firm, PLC

For respondent
Alex P. Hontos
Dorsey & Whitney LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 25 2019
    Petition DENIED.
  2. Nov 06 2019
    DISTRIBUTED for Conference of 11/22/2019.
  3. Nov 04 2019
    Reply of petitioners United States of America, ex rel. Stephanie Strubbe, et al. filed. (Distributed)
  4. Oct 23 2019
    Brief of respondent Crawford County Memorial Hospital and Bill Bruce in opposition filed.
  5. Sep 23 2019
    Response Requested. (Due October 23, 2019)
  6. Sep 11 2019
    DISTRIBUTED for Conference of 10/1/2019.
  7. Sep 06 2019
    Waiver of right of respondents Crawford County Memorial Hospital and Bill Bruce to respond filed.
  8. Jun 17 2019
    Petition for a writ of certiorari filed. (Response due September 19, 2019)