Allergy Center’s Unusual False Claims Act Appeal Fails

An allergy center defending itself in a False Claims Act case failed to overturn a dismissal of the case against it.

The unusual twist on typical FCA litigation involves United Allergy Services, a San-Antonio, Texas-based company that runs remote allergy centers, and its appeal to the U.S. Court of Appeals for the Fifth Circuit of a case against it. The Fifth Circuit Oct. 16 denied review by the entire bench and reissued its opinion upholding the dismissal of the fraud claims.

“I’ve been practicing law for 33 years. I’ve never had a situation where the other side won and the ...