FCA Alert

FCA Alert

Tag Archives: falsity

Falsity And The FCA: The First Circuit’s Blackstone And Amgen Decisions (Part III)

Posted in Decisions Interpreting FCA Elements
In New York ex rel. Westmoreland et al. v. Amgen, Inc. et al., 2011 WL 2937420 (1st Cir. July 22, 2011), the relator filed a qui tam action against pharmaceutical manufacturer Amgen and two other corporate defendants. The relator, a former Amgen employee, alleged that the defendants violated seven state FCAs by engaging in a … Continue Reading

Falsity And The FCA: The First Circuit’s Blackstone And Amgen Decisions (Part II)

Posted in Decisions Interpreting FCA Elements
In United States ex rel. Hutcheson et al. v. Blackstone Medical, Inc., 2011 WL 2150191 (1st Cir. June 1, 2011), the relator, a former regional sales manager for Blackstone Medical, Inc., filed a qui tam action against the medical device manufacturer alleging that it violated the federal FCA. The relator alleged that Blackstone caused hospitals … Continue Reading

Falsity And The FCA: The First Circuit’s Blackstone And Amgen Decisions (Part I)

Posted in Decisions Interpreting FCA Elements
The False Claims Act does not define what types of claims are “false.” Consequently, one of the key battles at the motion to dismiss stage in FCA litigation is whether the conduct alleged by the plaintiff can give rise to a “false” claim as a matter of law. For the past decade, courts addressing this … Continue Reading
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