United States of America v. Cardiodx, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 UNITED STATES OF AMERICA, et al., Case No. 15-cv-01339-WHO

Plaintiffs,

ORDER ON LEVISON MOTION TO

v. DISMISS

CARDIODX, INC., et al., Re: Dkt. No. 106 Defendants.

Defendant David Levison moves to dismiss the claims asserted against him in plaintiff- relator Bryan Barnette’s Second Amended Complaint (SAC). The motion is GRANTED with partial leave to amend. BACKGROUND As a relator on behalf of the United States, Bryan Barnette alleges that defendant CardioDx, Inc. (Cardio) fraudulently sought reimbursement from the federally funded Medicare program for medically unnecessary, excessive, and ineffective cardiovascular tests known as Corus CAD tests. SAC ¶ 1. In addition, he asserts that Levison caused, or aided and abetted in causing, submission of fraudulent claims for Corus CAD tests to private insurers in violation of California law. Id. ¶ 2. Defendant Levison is alleged to be the founder, former…