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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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Failure Establish Objective Falsity Dooms Government's Hospice Case

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April 6, 2016

On March 31, 2016, the district court granted summary judgment for hospice provider AseraCare in a case alleging that it had submitted false claims to Medicare by certifying patients as eligible for service who did not have a prognosis of six months or less to live if their terminal illness ran its normal course. U.S. ex rel. Paradies v. AseraCare Inc., 2106 WL 1270521 (N.D. Ala. Mar. 31, 2016). In its opinion, the district court reiterated that "the submission of a false claim is the sine qua non of a False Claims Act violation," and held a "contradiction based on clinical judgment or opinion alone cannot constitute falsity under the FCA as a matter of law." The district court further explained that when hospice certifying physicians and medical experts "look at the very same medical records and disagree about whether the medical records support hospice eligibility, the opinion of one medical expert alone cannot prove falsity without further evidence of an objective falsehood."

This opinion comes after an unusual procedural trajectory. As discussed in a previous post, the district court granted AseraCare's motion to bifurcate the trial, allowing the question of falsity to be tried first. The bifurcation decision came after the district court issued its ruling allowing the government to use statistical sampling and extrapolation to prove falsity. After the jury returned a verdict finding AseraCare had submitted false claims for 104 of the 123 patients in the sample, the district court vacated the jury verdict and reopened the question of whether summary judgment should be entered, noting that it had "committed reversible error in failing to provide the jury with complete instructions as to what was legally necessary for it to find that the claims before it were false." U.S. ex rel. Paradies v. AseraCare Inc., 2015 WL 8486874 (N.D. Ala. Nov. 3, 2015). 

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Bass, Berry & Sims' Inside the FCA blog features news, commentary and thought leadership covering FCA, healthcare fraud and procurement fraud.

 

 


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