Sears Says Kickback, FCA Claims Against Kmart Don't Hold Up

Law360, New York (August 2, 2012, 10:23 PM EDT) -- A pharmacist hasn't provided any evidence to support his allegations that Kmart Corp. stores offered discounts to prescription drug customers enrolled in government health programs in violation of the Anti-Kickback Statute and False Claims Act, parent company Sears Holding Corp. told a federal judge Wednesday.

Sears urged U.S. District Judge Michael J. Reagan to toss the qui tam suit launched by relator William Yarberry, arguing he hadn't identified any false statements allegedly made by Kmart or Sears, pled any AKS violation or identified any document in...
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