Lincare has beaten back allegations from former company salesmen who said it violated the False Claims Act by selling diabetes-testing materials to customers of the company’s oxygen-supply business (United States ex rel. Phalp v. Lincare Holdings, Inc., 2017 BL 177893, 11th Cir., 16-10532, 5/26/17).
The U.S. Court of Appeals for the Eleventh Circuit ruled May 26 the salesmen didn’t provide sufficient evidence to show the company could have known its actions may have violated the federal law. The decision affirmed a pair of federal trial court opinions from 2015 and 2016, but clarified the level of knowledge the ...
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