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Allergan Whistleblower Fails to Win Revival of Fraud Suit (1)

Sept. 23, 2022, 4:37 PMUpdated: Sept. 23, 2022, 4:51 PM

The full US Court of Appeals for the Fourth Circuit declined to revive a whistleblower’s False Claims Act suit alleging that Allergan Sales LLC defrauded the Medicaid Drug Rebate Program, according to the court’s Friday order.

The decision to uphold a Maryland federal district court’s dismissal of the suit—by a split Fourth Circuit panel Jan. 25—will stand, the court said in its three-page order.

The panel opinions “are vacated, and the judgment of the district court is affirmed by an equally divided court,” the order said.

“We appreciate the Fourth Circuit en banc judges’ time. We’re going to move forward to ...