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Will US Government Pursue Fewer False Claims Act Cases In 2019?

Executive Summary

Fallout from Supreme Court's Escobar decision and Department of Justice memos could impact types of healthcare fraud complaints in which the government intervenes.

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Pharma Could Face Fewer False Claims Act Suits If Supreme Court Concurs With Government

High court is to determine whether the government can dismiss an FCA complaint after initially declining to take it on. In recent years, the government has dismissed numerous qui tam suits against pharma companies in which it did not intervene.

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$1.4b payment to settle investigation of marketing of opioid addition treatment is biggest for a pharma in several years.

US False Claims Act Dismissal Motions Are Executive Branch Over-Reach, Whistleblowers Say

Justice Department lacks absolute right to dismiss meritorious qui tam complaints filed by affiliates of National Healthcare Analysis Group against numerous pharmaceutical companies, whistleblowers say, taking issue with government’s “personal attacks” on their business model and research practices.

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