ALI EL-KHALIL, DPM v. OAKWOOD HEALTHCARE, INC., dba Beaumont Hospital – Taylor - Articles

All Content

ALI EL-KHALIL, DPM v. OAKWOOD HEALTHCARE, INC., dba Beaumont Hospital – Taylor

Posted by: Tanja Trezise on Jan 10, 2022

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Kassem M. Dakhlallah, HAMMOUD DAKHLALLAH & ASSOCIATES, PLLC, Dearborn, Michigan, for Appellant.

Attorneys 2: ON BRIEF: Thomas M. Schehr, Jill M. Wheaton, Theresa A. Munaco, DYKEMA GOSSETT PLLC, Detroit, Michigan, for Appellee.

Judge(s): COLE, LARSEN, and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

LARSEN, Circuit Judge. Decision or discovery? This case is about which of those events triggers the statute of limitations for a retaliation claim under the False Claims Act (FCA), 31 U.S.C. § 3730(h). The district court, in keeping with the statutory text and the traditional rule, concluded that Dr. Ali El-Khalil’s claim was time barred because the limitations period commenced when Oakwood Healthcare, Inc. decided not to renew El-Khalil’s medical-staff privileges, rather than when it notified El-Khalil of that decision five days later. We agree and AFFIRM.

Attachments: