Pharma Cos. Say Whistleblower's FCA Case Recycles Old Suits

Law360, New York (April 17, 2013, 1:52 PM EDT) -- Five companies, including Express Scripts Inc. and AmerisourceBergen Corp., urged a New Jersey federal judge Tuesday to toss a whistleblower’s False Claims Act suit alleging overbilling of Medicaid through inflated average wholesale prices, saying the claims don’t describe wrongdoing or are barred because they’ve been voiced elsewhere.

The motions to dismiss argue that pharmacist David Morgan, who filed suit in 2005 and subsequently amended his complaint on three occasions, has failed to air any new information in describing a “multibillion-dollar fraud” allegedly perpetrated by a loose...
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