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Ninth Circuit Denies Arbitration in a False Claims Act Case

On September 11, 2017, the Ninth Circuit in US and State of Nevada ex rel. Welch v. My Left Foot Children’s Therapy, LLC, upheld the denial of the defendant’s motion to compel arbitration in a False Claims Act (FCA) relator case, holding that an employee-relator’s FCA claims did not fall within the scope of the arbitration agreement with her former employer.  The FCA claims were based on allegations that the employer had filed fraudulent Medicaid claims.

The Court first looked to the Federal Arbitration Act (FAA) in determining that …

Appeals Court Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million that had been awarded in favor of a pharmacist who had a fear of needles and could not comply with Rite Aid’s new policy that required pharmacists to administer immunization injections to customers.

In 2011, in an effort to fill a vaccination void in the healthcare market, Rite Aid imposed a new requirement that all pharmacists must administer immunizations.  Rite Aid …

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