ARCHIE GRUBB CURRENT CLASS ACTION LITIGATION

Transcription

1 ARCHIE GRUBB CURRENT CLASS ACTION LITIGATION

2 LARRY GOLSTON SEXUAL HARASSMENT

3 LANCE GOULD WHISTLEBLOWER LITIGATION

4 ALI HAWTHORNE Pharmaceutical Fraud & Attorney General Litigation

5 AUTO CLASS ACTIONS Defective airbags Defective Bucket Trucks Steel arm fails to meet specification Pickups and SUVS 2.0 Settled 3.0 Diesel Settled 3.0 Gas ongoing F-150 Brake Failures in models Sudden Unintended Acceleration

6 ANTITRUST CLASS ACTIONS

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9 Verbal Sexual Harassment Unwelcome Sexual Touching Cyber Sexual Harrassment Being Physically Followed Unwanted Genital Flashing Sexual Assault 7 27 Women Men

10 Assault Battery Invasion of Privacy False Imprisonment Negligent and/or Wanton Supervision Intentional Infliction of Emotional Distress

11 Basic Issues in Sexual Harassment Litigation Two types of Harassment: (1) Tangible Employment Action (2) No Adverse Tangible Employment Action. Constructive discharge: Working conditions were so intolerable;a reasonable person in employee s position would be compelled to resign. Retaliation:(i) An employee who files an administrative charge of discrimination or otherwise participates in an administrative proceeding or (ii) who otherwise opposes discrimination.

12 WHISTLEBLOWERS

13 Who is a Whistleblower Whistleblowers are the most essential element to discovering and exposing fraudulent activity against our Government. A whistleblower, also known as a relator, must be a person with first-hand knowledge of fraud or other wrongdoing. A whistleblower may sue on behalf of the Government when she witnesses fraud, waste, and/or abuse in Government programs.

14 IDENTIFYING A WHISTLEBLOWER Agencies Industries

15 Whistleblower Recoveries 2017 the U.S. Government recovered $3.5 billion from FCA lawsuits $2.5 billion came from the health care industry $35 billion recovered under the FCA since 2009

16 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BARRY TAUL, ex rel., UNITED STATES OF AMERICA, Plaintiff, v. NAGEL ENTERPRISES, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:14-CV-0061-VEH Pursuant to 31 U.S.C. 3730(d)(2), and because the United States government did not proceed in this action, Plaintiff Barry Taul is entitled to 27.5% (twenty-seven and one half percent) of the proceeds of this lawsuit. In total, the Court ENTERS a judgment in the total amount of $14,708, (fourteen million seven hundred eight thousand six hundred thirty dollars and six cents) against both Defendants, jointly and severally.

17 Pharmaceutical Litigation Antitrust Fraudulent Price Reporting Fraudulent Reporting of FDA Approval Status False Representations As To Safety & Effectiveness Unlawful Retention of Rebates & Recoupments

18 Attorney General Litigation The Center for Medicare and Medicaid Services estimates prescription drug spending will increase an average of 3.6% per year over the time period.

19 Attorney General Litigation Antitrust & Fraudulent Price Reporting Usual and Customary Litigation Fraudulent Reporting of FDA Approval Status Unapproved Drugs Litigation False Representations As To Safety & Effectiveness GranuFlo Litigation Actos Litigation Unlawful Retention of Rebates and Recoupments Investigation into hidden fees and retained recoupments

20 Attorney General Litigation Antitrust & Fraudulent Price Reporting Usual and Customary Litigation Fraudulent Reporting of FDA Approval Status Unapproved Drugs Litigation False Representations As To Safety & Effectiveness GranuFlo Litigation Actos Litigation Unlawful Retention of Rebates and Recoupments Investigation into hidden fees and retained recoupments

21 Attorney General Litigation Antitrust & Fraudulent Price Reporting Usual and Customary Litigation Fraudulent Reporting of FDA Approval Status Unapproved Drugs Litigation False Representations As To Safety & Effectiveness GranuFlo Litigation Actos Litigation Unlawful Retention of Rebates and Recoupments Investigation into hidden fees and retained recoupments

22 Attorney General Litigation Antitrust & Fraudulent Price Reporting Usual and Customary Litigation Fraudulent Reporting of FDA Approval Status Unapproved Drugs Litigation False Representations As To Safety & Effectiveness GranuFlo Litigation Actos Litigation Unlawful Retention of Rebates and Recoupments Investigation into hidden fees and retained recoupments

23 Attorney General Litigation Antitrust & Fraudulent Price Reporting Usual and Customary Litigation Fraudulent Reporting of FDA Approval Status Unapproved Drugs Litigation False Representations As To Safety & Effectiveness GranuFlo Litigation Actos Litigation Unlawful Retention of Rebates and Recoupments Investigation into hidden fees and retained recoupments

24 Attorney General Litigation Antitrust & Fraudulent Price Reporting Usual and Customary Litigation Fraudulent Reporting of FDA Approval Status Unapproved Drugs Litigation False Representations As To Safety & Effectiveness GranuFlo Litigation Actos Litigation Unlawful Retention of Rebates and Recoupments Investigation into hidden fees and retained recoupments

25 Potential Types of Plaintiffs 1. Individual Consumers 2. State Attorneys General 3. Municipalities 4. Self-Funded Healthcare Plans