Justices Pass on Bid to Reopen Fraud Suit Against McKesson Unit

The US Supreme Court said Monday that it won’t review whether an appeals court improperly rejected a False Claims Act suit alleging that McKesson Corp. subsidiary US Oncology Inc. defrauded Medicare.

Whistleblower Omni Healthcare Inc. asserted that the US Court of Appeals for the Second Circuit erred in holding that the FCA’s public disclosure bar precluded its suit. The appeals court incorrectly held that a whistleblower’s first FCA complaint can be a public disclosure when the need for a second complaint only arises when a court dismisses the first complaint under the FCA’s first-to-file bar, Omni said in its petition ...