DOJ Gets Seventh Circuit to Throw Out CVS, Omnicare Fraud Case

The Justice Department won dismissal of a whistleblower’s False Claims Act suit accusing Omnicare Inc., CVS Health Corp., and others of engaging in a kickback scheme because the government’s request didn’t violate due process of law, the Seventh Circuit said Monday.

The government’s decision to seek dismissal, in part because it believes alleged misconduct is probably lawful, “shocks no one’s conscience,” Judge David F. Hamilton of the U.S. Court of Appeals for the Seventh Circuit wrote.

Contrary to an Illinois district court’s conclusion, the case should have ended once the whistleblower received notice and took its opportunity to ...