Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

U.S. and the State of New York ex rel. Vito v. Canzoneri

Dismissal of Claims in Absence of Amended Complaint in FCA Qui Tam Action Explained

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION & ORDER On April 27, 2020, the plaintiff-relator, George R. Vito, filed this action alleging that the defendants, Joseph R. Canzoneri; Advanced Podiatry Associates, PLLC (“APA”); and Healogics, Inc., violated the False Claims Act (“FCA”), 31 U.S.C. §3729 et seq., and the New York False Claims Act (“NYFCA”), N.Y. Finance Law §187 et seq. Docket Item 1. More specifically, the complaint alleges that the defendants engaged in schemes to improperly solicit payments from Vito and reuse single-use medication vials. Id. Vito asserts qui tam claims on behalf of the United States and New York State. Docket Item 28. He also alleges that the defendants committed common law fraud and that Canzoneri and APA retaliated against him in violation of the FCA and NYFCA. Id. After Canzoneri and APA moved to dismiss the complaint, Docket Item 19, Vito filed an amended complaint, Docket Item 28. Canzoneri and APA renewed their motion to dismiss on July 12, 2021, Docket Item 34, and Healogics filed a separate motion to dismiss that same day, Docket Item 32. Vito responded to both motions on July 26, 2021, Docket Item 37, and the defendants replied a week later, Docket Items 38 and 39. For the following reasons, the defendants’ motions to dismiss are granted in part, and the remainder of their motions will be granted unless Vito amends his complaint to correct the deficiencies noted below. FACTUAL BACKGROUND1 Vito and Canzoneri are both podiatrists who practice in New York State. Docket Item 28 at

11-12. Vito previously worked at APA, a professional limited liability company “wholly owned by [] Canzoneri,” under “a July 23, 2018 Employment Agreement.” Id. at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements