Posted by Jaime Jones and Nirav Shah Today, the Supreme Court denied certiorari in U.S., ex rel. Nathan v. Takeda Pharmaceuticals, et al. As we previously reported, this case involved the pleading […]
We previously reported on the Supreme Court’s invitation to the Solicitor General to weigh in on whether the Court should grant certiorari in an important case involving the pleading standards in […]
Posted by Scott Stein and Nirav Shah As we reported last year, the Second Circuit held in U.S. v. Caronia that truthful, non-misleading off-label promotion is constitutionally-protected commercial speech. Recently, the United […]
Posted by Jaime Jones and Nirav Shah This week, the Supreme Court invited the Solicitor General to file a brief expressing the views of the United States on the pleading standards […]
Posted by Scott Stein and Nirav Shah On January 30, 2013, a federal court in the Southern District of Illinois denied a motion to dismiss a relator’s complaint accusing defendants Sanofi-Aventis […]
UPDATE: On Wednesday, the Food and Drug Administration announced that the government has decided not to seek en banc or Supreme Court review of the Second Circuit’s decision. Presumably, the […]
Posted by Scott Stein and Nirav Shah On December 4, 2012, Acting Associate Attorney General Tony West announced that the Justice Department’s Civil Division had recovered nearly $5 billion in settlements and […]
Posted by Scott Stein and Nirav Shah A recurring issue in FCA cases based on alleged violations of complex statutory or regulatory requirements is the extent to which, as a practical […]
Posted by Scott Stein and Nirav Shah In an area of evolving False Claims Act jurisprudence, a district court in Georgia has found that the Medicare Part D program does not […]
Posted by Jaime L.M. Jones and Nirav Shah Citing the failure to plead claims with particularity, a federal court in the District of Massachusetts recently dismissed a qui tam action brought […]