1st Circ. Revives FCA Claims In Amgen Kickback Suit

Law360, New York (July 22, 2011, 7:54 PM EDT) -- The First Circuit on Friday revived states' False Claims Act allegations in a whistleblower suit accusing Amgen Inc. and others of bribing health care providers, finding that the states' regulations forbid kickback-induced claims to their Medicaid programs.

A three-judge panel reinstated whistleblower Kassie Westmoreland's claims under states' FCA in California, Illinois, Indiana, Massachusetts, New Mexico and New York, though it upheld a district court judge's dismissal of claims under Georgia's FCA. The states are intervenors in the case.

Westmoreland accuses her former employer Amgen and International...
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