Amgen Asks High Court To Take Up FCA Kickback Case

Law360, Washington (September 26, 2011, 3:51 PM EDT) -- Amgen Inc. asked the U.S. Supreme Court last week to overturn the First Circuit's resurrection of a group of states' False Claims Act allegations in an ex-employee's whistleblower suit accusing Amgen and others of bribing health care providers to buy its drug Aranesp.

In July, the First Circuit reinstated whistleblower Kassie Westmoreland's claims under state FCAs in California, Illinois, Indiana, Massachusetts, New Mexico and New York, though it upheld a federal judge's dismissal of claims under Georgia's FCA. The states are intervenors in the case....
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