Published: January 2, 2019

On October 29, 2018, a three-judge panel in New Jersey’s Superior Court held the lower court improperly expanded a confidentiality provision in a deal among four relators.

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Published: January 18, 2018

In United States ex rel. DiFiore v. CSL Behring, LLC, the U.S. Court of Appeals for the Third Circuit held that the anti-retaliation provision of the False Claims Act (“FCA”) requires a whistleblower to show that the whistleblower’s protected activity was not merely a “motivating factor” in an adverse employment action, but was in fact the “but for” cause of the alleged adverse action.

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Published: September 28, 2017

Federal courts across the country are wrestling with the uncertainty caused by the Supreme Court’s holding in Universal Health Services, Inc. v. United States ex rel.

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Published: September 20, 2017

The United States Court of Appeals for the Ninth Circuit unanimously reversed dismissal of a False Claims Act Complaint in United States ex rel. Campie v. Gilead Sciences.

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Published: August 23, 2017

In a recent False Act Claims (FCA) suit involving the blockbuster cancer drug Avastin, the Third Circuit barred a relator’s qui tam suit because his Complaint lacked sufficient factual allegations that, if true, would establish the FCA’s “materiality” element as defined in Universal Health Services v. Escobar.

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Published: February 10, 2017

​The U.S. Court of Appeals for the First Circuit recently called summary judgment “the put up or shut up moment in litigation.” On January 30, 2017, the relators in U.S. ex rel. Booker v. Pfizer – a long-running False Claims Act (“FCA”) case – were essentially told to “shut up,” when the Court upheld a grant of summary judgment for the defendants.

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Published: May 12, 2016

A federal judge recently dismissed a company’s counterclaim that it brought against a whistleblower for violating the company’s privacy policy and a confidentiality agreement by providing the government with confidential information.  In United States ex rel. Matthew Cieszynski, et al. v. LifeWatch Services Inc., No. 13 C 4052 (N.D. Ill. May 9, 2016), the court balanced public and private interests and found that the whistleblower had not divulged any more information than necessary to alert the government about the company’s alleged violation of the False Claims Act.

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Published: June 1, 2015

A Pennsylvania federal court recently ruled that a drugmaker may be held liable under the False Claims Act (FCA) even though it was not the one that submitted claims to the government. 

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Published: May 15, 2015

The government recently applied a time-honored criminal prosecution strategy in a pending False Claims Act (FCA) case against the pharmaceutical giant Novartis.  In United States of America, ex rel Kester et al v.

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Published: March 28, 2015

In Brief

  • Government files a Statement of Interest in Cestra case to argue that free speech is not an issue in FCA off-label drug promotion cases.
  • If the court rejects the Government’s argument, pharmaceutical producers and medical device manufacturers may gain more freedom to promote their products off-label so long as they are truthful.

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