All of us are shocked and dismayed by the various plots to defraud the state by submitting false claims to state government for payment in violation of the New Hampshire Fraud and False Claims Act.  This is particularly disturbing given the state budgetary crisis usually lands on the backs of the poor and the politically unconnected and the fraud can be aimed at programs to help the vulnerable segments of our society.   The good news is New Hampshire has laws which  provide incentives and protections for persons to reveal the fraud and help the state recover the funds and assist the neediest members of our society.
Under the New Hampshire False Claims Act, in certain circumstances,   a  person with knowledge of another person  attempting to defraud the state for such things as health care fraud or similar  government contracts  can bring an action under the FNHFCA.

The person committing the fraud can be liable to the state for a civil penalty of not less than $5,000.00 and no  more than $10,000, plus 3 times the amount of damages that the state sustains as a result of the fraudulent act.

 In certain circumstances, a whistleblower can bring an action on behalf of the State and if the whistleblower substantially contributed to the prosecution of the claim, the whistleblower may receive between 15 and 25 percent of the proceeds from the proceeds of the suit or settlement of the claim.  In addition, the whistleblower may recover all reasonable expenses necessarily incurred in in bringing the suit, plus reasonable attorney fees and costs.

 In a recent  Arizona case brought under the Federal False Claim Act,  a Health Network agreed to pay $35 million to resolve allegations that it submitted false bills for inpatient rehab services.    The various schemes designed to defraud the government for medical billing sometimes reach the limits of human imagination.   Fortunately, New Hampshire has a statute which awards and protects courageous citizens who reveal these various plots.

To learn more about how you can use this law to prevent fraudulent acts against the State and the beneficiaries of state program, contact an experienced and results oriented attorney at the McGrath Law Firm, PA. To make an appointment, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.

 

You can reduce the risk of going back to court for Parenting Issues by choosing not to simply rely on a stipulated or proposed Parenting Plan that requires you and your ex-spouse to agree on everything post-divorce.  It is wonderfully optimistic, but often not realistic, to expect that there will be no parenting disputes that crop up after divorce.  If your Parenting Plan provides for significant issues to be handled only “as the parties agree”, and it does not lay out at least a fall-back parenting schedule, or fall-back schedule for sharing holidays and vacation time, or fall-back responsibilities for the transportation and exchange of the children, etc., then in the event that you and your ex-spouse are unable to resolve disagreements yourselves, you may be looking at formal dispute resolution procedures again–that is, mediation or other forms of negotiation or assistance from the court (litigation).
If you would like to know more about the importance of a well-drafted Parenting Plan and other related issues, the attorneys at the McGrath Law Firm are ready to help.  To make an appointment for a consultation, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.

You can reduce the risk of going back to court for parenting issues by choosing not to simply rely on a stipulated or proposed Parenting Plan that requires you and your ex-spouse to agree on everything post-divorce.  It is wonderfully optimistic, but often not realistic, to expect that there will be no parenting disputes that crop up after divorce.  If your Parenting Plan provides for significant issues to be handled only “as the parties agree”, and it does not lay out at least a fall-back parenting schedule, or fall-back schedule for sharing holidays and vacation time, or fall-back responsibilities for the transportation and exchange of the children, etc., then in the event that you and your ex-spouse are unable to resolve disagreements yourselves, you may be looking at formal dispute resolution procedures again–that is, mediation or other forms of negotiation or assistance from the court (litigation).
If you would like to know more about the importance of a well-drafted Parenting Plan and other related issues, the attorneys at the McGrath Law Firm are ready to help.  To make an appointment for a consultation, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.

Often we need to determine when to sue and when to arbitrate.  In a  recent case filed in the New Hampshire federal district court, Pla-Fit Franchise, LLC v. Paticko, Inc, a federal judge analyzed the thorny issue of when does a party waive its right to exercise a contractual right to arbitrate a dispute when it files a lawsuit prior to requesting arbitration.
The case, which involved a franchise contract between the franchisor of a gym business and its franchisees, contained a number of prior skirmishes in state courts before a lawsuit was finally filed in the New Hampshire federal district court.

The court granted a motion to compel the arbitration of the claim and noted in its legal analysis that the court would look at a number of factors in reaching a decision.  These factors include whether the court must look beyond the complaint to resolve the dispute, the preference in the law for enforcing arbitration agreements, the specific facts and relevant circumstances of the particular case, the right of a party to seek a preliminary injunction without forfeiting its right to arbitration, and the prejudice caused to the other party by proceeding with a lawsuit. Factors to consider when judging the prejudice include the length of delay, the litigation activities engaged in, and whether a party has been unfairly misled by the process.

In the particular facts of the case before it, the judge granted a motion to compel arbitration.

To learn more about how to use arbitration clauses in your contracts to protect your business or learn more about your legal rights, contact an experienced and results oriented attorney at the McGrath Law Firm, PA. To make an appointment, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.

McGrath Law Firm is pursuing legal claims for the “spice” product manufacturer.  People been hospitalized from using spice. The product is extremely dangerous. The manufacturer has a duty to protect the public and it has failed to do so. The “spice” product (also known as K2 or scooby snacks) was originally intended to be used as incense and was marked  “not meant for human consumption”. Over the last couple of years people have started smoking it to get high. It mimics the effects of naturally grown Marijuana. As a result of the recent events surrounding the use of “spice”, and overdose of 40 people, a few days ago the State of New Hampshire has declared a state of emergency.

McGrath law firm is pursuing the manufacturer for damage awards for spice product. Call McGrath Law at (603) 224-7111. You are entitled to compensation for injuries. These products are damaging our youth and McGrath Law is attacking for the victims. Call for a free consult if you or your family member was sick or hospitalized.

To learn more about your legal rights, contact an experienced and results oriented attorney at the McGrath Law Firm, PA. To make an appointment, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.

McGrath Law Firm is pursuing legal claims for the “spice” product manufacturer.  People been hospitalized from using spice. The product is extremely dangerous. The manufacturer has a duty to protect the public and it has failed to do so. The “spice” product (also known as K2 or scooby snacks) was originally intended to be used as incense. Over the last couple of years people have started smoking it to get high. It mimics the effects of naturally grown Marijuana. As a result of the recent events surrounding the use of “spice”, and overdose of 40 people, a few days ago the State of New Hampshire has declared a state of emergency.

McGrath law firm is pursuing the manufacturer for damage awards for spice product. Call McGrath Law at (603) 224-7111. You are entitled to compensation for injuries. These products are damaging our youth and McGrath Law is attacking for the victims. Call for a free consult if you or your family member was sick or hospitalized.

To learn more about your legal rights, contact an experienced and results oriented attorney at the McGrath Law Firm, PA. To make an appointment, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.