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On December 1, 2016, Parker Hannifin Corporation and CLARCOR Inc. announced that the companies have entered into a definitive agreement under which Parker will acquire CLARCOR for approximately $4.3 billion in cash, including the assumption of net debt. The transaction has been unanimously approved by the board of directors of each company. Upon closing of the transaction, expected to be completed by or during the first quarter of Parker’s fiscal year 2018, CLARCOR will be combined with Parker’s Filtration Group to form a leading and diverse global filtration business. Bass, Berry & Sims has served CLARCOR as primary corporate and securities counsel for 10 years and served as lead counsel on this transaction. Read more here.

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Securities Law Exchange BlogSecurities Law Exchange blog offers insight on the latest legal and regulatory developments affecting publicly traded companies. It focuses on a wide variety of topics including regulation and reporting updates, public company advisory topics, IPO readiness and exchange updates including IPO announcements, M&A trends and deal news.

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Middle District of Tennessee Clarifies Pleading Standards for the Presentment of False Claims

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November 25, 2015

Earlier this month, the U.S. District Court for the Middle District of Tennessee dismissed a relator's qui tam lawsuit, finding that the relator had failed to adequately allege the presentment of false claims to the government. In U.S. ex rel. Prather v. Brookdale Senior Living, Inc., the relator alleged that Brookdale submitted false claims for home health services that did not meet the technical requirements for billing under Medicare rules and regulations. Defendants argued that the allegations failed to include sufficient detail regarding the actual submission of requests for anticipated payment (RAP) claims and that the relator failed to plead the requisite legal falsity of both RAP and final episode payment claims.

The district court dismissed the second amended complaint with prejudice, finding that the relator did not meet the "strict requirement" that she allege the submission of actual false claims to a federal healthcare program. The district court found that despite including information regarding treatment dates, the entity providing the treatment, and the Brookdale community at which the patient resided for four exemplar patients and several hundred patients in attached exhibits, the complaint failed to allege the presentment of any false claim. The district court held that it was "insufficient for Prather to point to a patient that received home health care services and allege that a RAP was, or must have been, submitted, by some corporate authorization, for some amount, at some date around the date of treatment, and that some payment was likely received in return from the government, based just on the generally delineated circumstances of the patient's receipt of home health services from a defendant entity." The information provided was "too general and too attenuated from the Medicare Billing process to satisfy the requirements of the law concerning the presentment of specific false claims."

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