High Court Justices Reinstate Allergan Whistleblower Fraud Suit

The US Supreme Court revived Friday a whistleblower’s False Claims Act lawsuit alleging that Allergan Sales LLC defrauded the Medicaid Drug Rebate Program by providing false price reports that caused the government to overpay for drugs.

The Supreme Court granted the whistleblower’s petition for writ of certiorari, vacated the judgment of the US Court of Appeals for the Fourth Circuit, and remanded the case to the appeals court.

This decision follows the Supreme Court’s June 1 opinion in United States ex rel. Schutte v. SuperValu Inc., which said the scienter element under the FCA can be established if a ...