Bloomberg Law
Dec. 18, 2019, 6:19 PM

Justice Department Slams Refusal to End CVS, Omnicare Fraud Case

Daniel Seiden
Daniel Seiden

A federal judge in Illinois should have granted the Justice Department’s request to end a whistleblower’s False Claims Act suit accusing Omnicare Inc., CVS Health Corp., RX Crossroads, and UCB Inc. of engaging in a kickback scheme, government attorneys told the Seventh Circuit.

The decision to stop a whistleblower suit under the FCA is “presumptively unreviewable,” the government said in its public opening brief at the U.S. Court of Appeals for the Seventh Circuit.

The government demonstrated that it expended substantial resources investigating claims before deciding that dismissal served the legitimate purpose of reducing litigation costs and deferring ...

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