Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States ex rel. Keshner v. Nursing Pers. Home Care

United States Court of Appeals, Second Circuit

July 10, 2015

UNITED STATES OF AMERICA, ex rel. MAURICE KESHNER, Plaintiffs-Appellees,
v.
NURSING PERSONNEL HOME CARE, WALTER GREENFIELD, Defendants-Appellants. [2]

Submitted April 30, 2015

Appeal from the January 6, 2014 partial judgment of the United States District Court for the Eastern District of New York (Block, J.) awarding Keshner $185,962.12 in attorneys' fees pursuant to the attorneys' fees provision of the False Claims Act. We affirm, holding that Nursing Personnel waived its present challenge to specific time entries in Keshner's fee petition by failing to raise this objection before the district court. We remand for the limited purpose of awarding Keshner appellate attorneys' fees.

Affirmed and remanded.

Avrom R. Vann, New York, NY, for Defendants-Appellants Nursing Personnel Home Care and Walter Greenfield.

Brian P. Kenney (Brian P. McCafferty, Tavy Deming, Kathryn M. Schilling, on the brief), Kenney & McCafferty, P.C., Blue Bell, PA, for Plaintiff-Appellee Maurice Keshner.

Before: JACOBS, POOLER, and HALL, Circuit Judges.

OPINION

Page 233

POOLER, Circuit Judge :

Defendants-Appellants Nursing Personnel Home Care and its president Walter Greenfield (collectively, " Nursing Personnel" ) appeal from a January 6, 2014 partial judgment of the United States District Court for the Eastern District of New York (Block, J. ) awarding Plaintiff-Appellee Maurice Keshner $185,962.12 in attorneys' fees pursuant to the attorneys' fees provision of the False Claims Act, 31 U.S.C. § 3730(d)(1). On appeal, Nursing Personnel challenges time entries in Keshner's fee petition as unrelated to work performed in this lawsuit. We hold that Nursing Personnel waived its present challenge to these time entries in Keshner's fee petition by failing to raise this objection before the district court. Accordingly, we affirm, and remand for the limited purpose of awarding Keshner appellate attorneys' fees.

BACKGROUND

In 2006, Maurice Keshner asserted fraud claims on behalf of the United States against, inter alia, Nursing Personnel, a provider of home healthcare services to Medicare and Medicaid beneficiaries. Keshner's federal False Claims Act complaint alleged fraud against both Medicare and Medicaid. The United States and the State of New York subsequently undertook a joint investigation of Keshner's claims.

The parties ultimately settled the fraud claims in late 2009 and the federal settlement agreement stipulated, inter alia, that (1) Nursing Personnel pay the United States a settlement amount, and (2) the United States pay Keshner 18% of this settlement amount as a qui tam award. The federal settlement agreement also explicitly preserved Keshner's claim for attorneys' fees and costs against Nursing Personnel. Under the False Claims Act, a

Page 234

qui tam plaintiff who obtains a settlement with a defendant is entitled to an award of reasonable attorneys' fees and costs. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.