United States ex rel. Deborah Sheldon v. Allergan Sales, LLC

  1. June 30, 2023

    Justices Order FCA Do-Overs After SuperValu Intent Ruling

    The U.S. Supreme Court on Friday told the Fourth and Eleventh circuits to revisit closely watched whistleblower cases targeting units of Allergan and Abbott Laboratories, teeing up tests of the high court's new ruling on the meaning of intentional fraud under the False Claims Act.

  2. June 12, 2023

    DOJ Sees Far-Reaching Victory In High Court's FCA Ruling

    The U.S. Supreme Court's ruling that faulty yet reasonable compliance views can trigger False Claims Act liability is undermining defense bar positions in wide-ranging contexts, including a new circuit split over FCA cases involving kickbacks, according to the U.S. Department of Justice.

  3. January 03, 2023

    Health & Pharma Legal Clashes Didn't Take A Holiday Break

    While many Americans were bringing glad tidings and popping bubbly, attorneys spent the final week of 2022 bringing lawsuits, appeals and other court filings of eye-popping significance for health care providers and drug companies in cases involving the False Claims Act, the opioid crisis and purported price-fixing schemes.

  4. October 24, 2022

    Circuits In 'Disarray' Over FCA Intent Standards, Justices Told

    False Claims Act cases targeting erroneous yet reasonable views of compliance duties have produced an acrimonious "muddle" in the nation's circuit courts, a whistleblowing former executive told the U.S. Supreme Court, which is already signaling interest in the law's disputed standards for intentional overbilling.

  5. September 27, 2022

    The High Court Cases Health And Life Sci Attys Are Watching

    The U.S. Supreme Court will kick off its new term by scrutinizing the litigation rights of nursing home residents and the False Claims Act powers of the U.S. Department of Justice, and the justices are also signaling interest in other FCA disputes, Uncle Sam's rulemaking authority and advertising by drug and device lawyers.

  6. September 23, 2022

    Equally Split Full 4th Circ. Affirms Toss Of Allergan FCA Case

    An evenly split full Fourth Circuit on Friday upheld the dismissal of a whistleblower's False Claims Act case alleging Allergan overcharged Medicaid by more than $680 million by failing to offer its best prices, after a district court found Allergan's actions were "objectively reasonable."

  7. September 15, 2022

    FCA's 'Creative Lawyering' Defense Divides Full 4th Circ.

    Fourth Circuit judges seemed splintered Thursday regarding the use of shrewd legal advice to evade False Claims Act liability, a tactic that has abruptly become one of the FCA's hottest topics amid outcry from the U.S. Department of Justice and interest from the U.S. Supreme Court.

  8. July 22, 2022

    Feds Want Role In 4th Circ. Rehearing Of Allergan FCA Case

    The federal government has asked to participate in arguments as the full Fourth Circuit considers a prominent False Claims Act case over whether an Allergan unit bilked Medicaid out of more than $680 million by fraudulently reporting its drug prices.

  9. July 08, 2022

    Top Gov't Contract Cases In 2022: Midyear Report

    Courts and administrative bodies have issued several important decisions affecting government contractors this year, for example touching on the government's authority to respond to the COVID-19 pandemic and creating splits between the U.S. Government Accountability Office and Court of Federal Claims.

  10. May 10, 2022

    Full 4th Circ. To Eye $680M FCA Case Against Allergan

    Judges on the Fourth Circuit voted Tuesday to take up a split ruling the court issued earlier this year that ended a False Claims Act case from a now-deceased worker at an Allergan subsidiary who claimed the company fraudulently reported drug prices to Medicaid in order to skim the federal government out of least $680 million.