11th Circ. Revives $69M Fraud Suit Against Medco

Law360, New York (February 22, 2012, 7:21 PM EST) -- The Eleventh Circuit on Wednesday revived a whistleblowers' False Claims Act suit alleging Medco Health Solutions Inc. subsidiaries hid $69 million in Medicare and Medicaid overpayments, finding the relators' complaint should have survived a motion to dismiss.

After a Florida district court dismissed the suit with prejudice for failure to state a claim, the appeals court reversed the decision, holding that the first two counts of the relators' third amended complaint were sufficient to survive the motion to dismiss. The third count, which was also dismissed...
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