Court Strikes Several of CVS’s Defenses In Medicare Part D False Claims Action

April 30, 2013, 4:00 AM UTC

A qui tam whistleblower was partially successful in a motion to strike a number of affirmative defenses raised by a national pharmacy chain against a False Claims Act lawsuit in an April 24 federal court order, though the court found at least partial merit in preserving several of the defendant’s arguments (United States ex rel. Spay v. CVS Caremark Corp., E.D. Pa., 2:09-cv-04672-RB, 4/24/13).

Relator plaintiff Anthony R. Spay filed the lawsuit in the U.S. District Court for the Eastern District of Pennsylvania in August 2011, alleging defendant CVS Caremark Corp., as a pharmacy benefit manager and ...

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