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Jennifer L. Weaver

Healthcare providers responding to charges by government agencies and regulators, especially in matters involving the False Claims Act (“FCA”), seek out Jennifer Weaver’s counsel. A skilled litigator with relentless devotion to her client’s cause, Jennifer stands up for those compelled to defend their business practices. As Jennifer notes, when facing the resources and power of the government, even a Fortune 500 company can find itself in the role of an underdog. Clients that have benefited from Jennifer's aggressive advocacy include:

  • Pharmacy benefit management companies
  • Behavioral healthcare companies
  • Long term care companies
  • Medical device manufacturers
  • Pharmacy chains
  • Home healthcare companies

Jennifer's experience handling complex cases brought under the FCA has provided her an extensive and detailed knowledge of the various issues that can arise in connection with the FCA. In addition to her extensive trial and FCA experience, Jennifer has similar experience advising clients on compliance issues, conducting internal investigations, and defending companies through civil and criminal government investigations. 

Experience

Representation of pharmacy benefit management company

  • Obtained significant summary judgment victory, resulting in a noteworthy defense ruling on the issue of falsity in one of the largest FCA cases in the country
  • Significantly narrowed a Texas Medicaid Fraud Prevention Act case brought by the Texas Attorney General through a series of summary judgment rulings
  • Obtained dismissal of two cases through motions to dismiss, before class certification or discovery phases commenced, in statewide class action cases involving copayments for mail order prescriptions
  • Secured summary judgment victory on all counts in a nationwide ERISA class action involving allegations that pharmacy benefit management is a fiduciary function
  • Provide ongoing operational advice on claims processing and mail order pharmacy issues

Representation of national behavioral healthcare companies

  • Obtained summary judgment victory on all counts, resulting in complete dismissal of FCA case in federal court in Arkansas
  • Had case dismissed through series of legal rulings, and obtained award of defendant’s attorneys fees against relator in FCA case in federal court in California

Additional representative experience

  • Counsel for national long term care company in FCA case in federal court in Tennessee; secured dismissal of the case through motion to dismiss at the pleading stage, before any discovery commenced 
  • Counsel for leading medical device manufacturer in FCA case in federal court in Tennessee, in which the United States intervened; helped negotiate favorable settlement with the government
  • Counsel for non-profit nursing home in FCA investigation in Tennessee; secured favorable settlement with the government based on single damages and without imposition of a CIA
  • Counsel for home healthcare companies in both criminal and civil healthcare fraud investigations
  • Counsel for national ambulance company in FCA case in federal court in Alabama
  • Counsel for neonatology practice in investigation involving Medicare and Medicaid billing for nurse practitioners and locum tenens physicians
  • Conducted internal investigation for nationwide pharmacy chain involving whistleblower claims of fraudulent pharmacy billing of Medi-Cal
  • Counsel for optometric surgical practice in criminal investigation involving dilution of injections; case resulted in conviction of rogue physician without any civil or criminal charges being filed against the practice

Professional

  • Member, Nashville, Tennessee, California and American Bar Associations
  • Member, American Health Lawyers Association
  • Member, Health Law Section of the American Bar Association

Prior Affiliations

  • Associate, O'Melveny & Myers LLP in Los Angeles, CA focusing on white collar criminal defense and complex civil litigation, 1999
  • Law Clerk for the Honorable Joseph R. Goodwin, United States District Court for the Southern District of West Virginia, 1997-1998

Education

  • J.D., Columbia University, 1997
  • B.F.A., with highest honors, New York University, Film and Television, 1993

Legal Services

Industries Served

Bar Admissions

  • Tennessee
  • California
  • Texas

Court Admissions

  • U.S. Court of Appeals for the Fifth, Sixth, Ninth and Eleventh Circuits
  • U.S. District Court, Central, Eastern and Southern Districts of California
  • U.S. District Court, Middle District of Tennessee