United States ex rel. Mikes v. Straus
United States Court of Appeals for the Second Circuit
274 F.3d 687 (2001)
Relevant factsFree
Pulmonologist Mikes (plaintiff/relator), after raising concerns to her employers about spirometry tests not being calibrated daily per American Thoracic Society guidelines, was fired and brought a qui tam FCA suit alleging the Physicians' (defendants) reimbursement claims for those tests were false because of the calibration failure; the government declined to intervene, and the district court granted the Physicians summary judgment.
IssueFree
Whether a claim under the False Claims Act is legally false only where, as a condition of governmental payment, a party purports compliance with a statute or regulation.
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