Back in February, we hosted a guest post about United States ex rel. Rostholder v. Omnicare, Inc., 745 F.3d 694 (4th Cir. 2014), an extremely important False Claims Act (“FCA”) decision for the defense-side’s effort to prevent the FCA from being converted
Supreme Court Denies Cert in Highly Watched FCA Case—Regulatory Violation Must Be Related to Claim for Payment
This week, the Supreme Court denied the qui tam plaintiff’s petition for certiorari in United States ex. Rel. Rostholder v. Omnicare, Inc., a False Claims Act (FCA) case from the Fourth Circuit. In Omnicare, the relator alleged that…
Omnicare’s Appellate Victory Upheld by U.S. Supreme Court
The February 2014 decision (discussed in an earlier blog post) in which the U.S. Court of Appeals for the Fourth Circuit dismissed the False Claims Act (FCA) charges brought in United States ex rel. Rostholder v. Omnicare, Inc. was…
Fourth Circuit Holds That cGMP Deficiencies Alone Do Not Constitute A False Claims Act Violation
For several years now current good manufacturing practice (cGMP) violations have been viewed as “the next hot thing” in False Claims Act (FCA) litigation. The $750 million settlement involving SB Pharmaco (a GlaxoSmithKline subsidiary) and the $500 million settlement involving…
Federal Appeals Court Rejects False Claims Act Suit Based on Drug Packaging cGMP Violations
This post was also written by James C. Martin.
Recently the U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s dismissal of the relator’s False Claims Act (FCA) complaint against Omnicare in United States ex rel. Rostholder…