CVS, Omnicare Seek Fraud Case Dismissal Following DOJ’s Failure

CVS Health Corp. and Omnicare Inc. urged a federal court to dismiss a whistleblower’s false claims case alleging a kickback scheme almost three weeks after the court rejected the Justice Department’s same request.

Whistleblower CIMZNHCA LLC’s complaint doesn’t allege a single claim against them, they told the U.S. District Court for the Southern District of Illinois.

The complaint says Omnicare was the corporate parent of defendant RXC Acquisition Co. beginning in 2005, and CVS was the corporate parent beginning in 2015. But corporate parenthood alone can’t support a kickback claim or False Claims Act violation claim, they said.

Failing to ...