May 7, 2012. HALUNEN & ASSOCIATES REPRESENTS WHISTLEBLOWER IN $1.5 BILLION CASE AGAINST ABBOTT LABS
Halunen & Associates represents one of the whistleblowers in the $1.5 billion settlement with Abbott Laboratories announced today by the Department of Justice in a case involving government fraud. The case alleged illegal sales of Abbott’s anti-epilepsy drug, Depakote in violation of federal and state False Claims Acts. The company was accused of marketing the drug off-label, including for nursing home patients, persons with schizophrenia, and children, and providing kickbacks to medical providers who prescribed the drug. The $1.5 billion settlement is the second largest payment by a drug company in the history of the False Claims Act. Abbott has pled guilty to a criminal misdemeanor violation of the Food, Drug and Cosmetic Act for misbranding and will pay a $700 million criminal penalty. Abbott will also pay $800 million to resolve civil claims under the federal False Claims Act and various state laws.
Attorneys Clayton Halunen and Susan Coler of Halunen & Associates represent one of the six “relators” who filed lawsuits against Abbott and participated in the Government’s prosecution of the case. Coler remarked “the government can’t root out all corporate fraud by itself. Our firm takes pride in assisting courageous whistleblowers to blow the whistle on corporations, large and small, who are cheating the government and, in effect, U.S. taxpayers.” Federal and State False Claims Acts allow individuals with personal knowledge of fraud to bring an action, some times called a qui tam case, on behalf of the governments and to assist in recovering dollars stolen from the government. Whistleblowers who bring forth evidence of fraud in a successful case are entitled to a statutory reward of 15 to 30% of the amount recovered. In this case, the relators will share 15% of the civil recovery. Halunen further commented, “False Claims Acts, including the one recently passed in Minnesota, are powerful tools to deter fraud in health care, education, defense and other government contracts. These cases are not easy, but they are gratifying for our clients and the firm. They right a serious wrong and help to make sure that U.S. taxpayer money is used for the purposes for which it was intended.”
April 26, 2012 - Halunen & Associates filed two whistleblower lawsuites regarding Globe University/Minnesota School of Business
Halunen & Associates filed two whistleblower lawsuits today alleging that Globe University/Minnesota School of Business, terminated two of its Deans for opposing Globe's blatant disregard for program accreditation standards, among other allegations. Globe is a Minnesota based, privately owned for-profit school that targets non-traditional students seeking post-secondary education.
The Complaint alleges that Globe violated state and federal laws by: fraudulently inducing students to enroll by greatly exaggerating job-placement rates following graduation, misleading the public with false advertising, and paying its admission representatives commissions based on enrollments secured.
The Complaint also alleges that Globe failed to inform students in its Medical Assisting program about the effect a felony would have on their future job prospects. It alleges that students with felonies paid Globe tens of thousands of dollars in tuition only to find out their job prospects shortly before graduation would be virtually zero, rendering their degree worthless.
Clayton Halunen, attorney from Halunen & Associates remarked: "In the face of a student debt crisis, it would be wrong for schools like Globe to fraudulently induce students to enroll with the false hope that jobs are waiting for them on the other end. Schools have a duty to be honest about their accreditation as well as placement upon graduation. This lawsuit is the first step in holding these institutions accountable."
July 2011 - Clayton Halunen recently participated in an ABA panel regarding employee misclassification
As a panelist, Clayton cautioned employers, "Once the IRS gets involved, their audit procedure is very intense. FedEx was under investigation for years." He added, "The single greatest potential liability to any company that misclassifies independent contractors is the state and federal tax obligations that may result." Read the full story here: Employee misclassification can lead to big penalties for employers
May 6, 2011 - Hennepin County jury finds retaliation against Workers Compensation Claim
A Hennepin County jury today found that G&K Services retaliated against truck driver James Dubiel for making a Workers Compensation claim. Dubiel was injured on the job when a car lost control and sideswiped his delivery truck. Dubiel filed a report of injury and G&K then fired him, claiming that he had not provided truthful information in a preemployment physical.
The jury found that Mr. Dubiel's filing of a Workers' Compensation claim was a motivating factor in G&K's decision to terminate him and awarded Dubiel $111,000 for lost wages and emotional distress, as well as $250,000 in punitive damages.
Dubiel's attorney Michelle Dye Neumann from Halunen & Associates remarked: "James Dubiel loved his job. This made his termination particularly painful, to say nothing of the difficulty of finding work in this economy. This verdict lets employers know that the laws mean what they say. Employees who are injured on the job cannot be fired because they report an injury and seek the compensation due to them under the law."
Halunen & Associates is a Minneapolis law firm that exclusively represents employees and consumers in individual and class actions. Further information about the firm is available at www.halunenlaw.com
May 6, 2011 - Clayton Halunen was recently featured in the Minneapolis-St. Paul Business Journal
The Business Journal interviewed Clayton for a feature article on growing concerns regarding employee misclassification. Read the full article here: Employee Misclassification is a Growing, High-Stakes Issue.
May 16, 2011 - Halunen & Associates filed a class action lawsuit on behalf of a homeowner whose home was built with James Hardie fiber-cement siding.
The lawsuit alleges that some James Hardie fiber-cement siding contains at least one defect that causes paint to peel off of the boards and causes the boards to shrink and crack. The lawsuit further alleges that James Hardie has not lived up to its warranty obligation to replace the damaged siding. The lawsuit seeks monetary compensation, on behalf of the plaintiff and other James Hardie fiber-cement siding owners, to replace allegedly defective siding as well as a court order requiring James Hardie to honor its warranty obligations.
Download a Copy of the Complaint
Please contact our office if you have James Hardie fiber-cement siding or would like more information about this lawsuit.
January 13, 2011 - Halunen & Associates has filed a class action lawsuit CertainTeed Corporation on behalf of their client Monique Orieux.
The lawsuit alleges that CertainTeed's WeatherBoards fiber cement siding have a defective design that causes the siding to crack, warp, discolor, shrink, and in some cases fall off the building. The lawsuit seeks monetary compensation, on behalf of Ms. Orieux and other WeatherBoards siding owners, to replace allegedly defective CertainTeed WeatherBoards siding as well as a court order requiring CertainTeed to honor its warranty obligations.
More information is available at www.certainteedsidinglawsuit.com. You can submit your contact information at the website.
January 27, 2012 - Halunen & Associates filed a lawsuit against Alcoa Home Exteriors
Halunen & Associates filed a lawsuit against Alcoa Home Exteriors, now owned by Ply Gem Holdings under the new name of Mastic Home Exteriors on behalf of consumers who have Oasis decking on their home or other structures. The suit alleges that the decking is defective because it is prone to cracking, warping, curling, splitting, and discoloration after installation. The lawsuit seeks damages on behalf of consumers who own Alcoa Oasis decking including not only costs for material replacement, but also costs associated with labor, removal, and the like. We are still seeking information from consumers who own Alcoa Oasis decking. If you have purchased Oasis decking and are experiencing similar problems please call our office toll free at 800-522-7967 or via our online Contact Form.
February 15, 2012 - A consumer class action lawsuit was filed today against Holiday Stationstores claiming that its carwash certificates, which expire in thirty days, are illegal.
The lawsuit alleges that the certificates violate a Minnesota law that prohibits the sale of gift certificates with expiration dates.
The case was brought by Don Wells on behalf of himself and other Minnesota consumers who purchased carwash certificates from Holiday Stationstores. Wells’ attorney Clayton Halunen explained: “the law protects consumers from losing their hard-earned money to businesses that count on a windfall from unused certificates. These businesses should not be allowed to take advantage of consumers who think they can’t use certificates that appear to be expired.” Halunen and associate Susan M. Coler will argue to Judge Deborah Hedlund, who has been assigned to the case, that carwash certificates fall within the Minnesota gift certificate statute and that the illegal practice must stop.
