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Abbvie, Amgen Kickback Suit Dismissal Affirmed by Second Circuit

Dec. 1, 2020, 8:15 PM

The U.S. Justice Department was right to seek dismissal of a whistleblower’s False Claims Act suit against pharmaceutical manufacturers and pharmacy benefit managers including Abbvie Inc., Amgen Inc., Aetna Inc., and Cigna Corp., among others, the Second Circuit affirmed Tuesday.

A New York federal court in July 2019 reasonably found that the DOJ had proved that litigating would expend significant government resources and the claims were unlikely to result in a material recovery, the U.S. Court of Appeals for the Second Circuit affirmed in a nonprecedential summary order.

The Second Circuit reached this decision without taking ...