Maa v. Ostroff (Summary)

FCA

Maa v. Ostroff, No. 12-cv-00200-JCS (N.D. Cal. Oct. 23, 2013)

The U.S. District Court for the Northern District of California granted in part and denied in part the defendants’ motion to dismiss an action brought by a physician alleging violations of the False Claims Act (“FCA”).  It was alleged that the defendants used unqualified or unsupervised residents and sedation nurses during endoscopic procedures.  The court dismissed the FCA counts but declined to dismiss the First Amendment retaliation claim.