Kmart Allowed To Subpoena FCA Whistleblower’s Records

Law360, New York (May 13, 2013, 5:45 PM EDT) -- An Illinois federal judge refused Monday to quash a subpoena for the employment records of a Kmart Corp. pharmacist who claims the company violated false claims and anti-kickback laws by offering discounts to Medicare and other prescription drug customers, finding the subpoena isn’t meant to harass.

U.S. District Judge Philip M. Frazier declined to nix or restrict the subpoena submitted to whistleblower Michael Yardberry's former employer, CVS CareMark Corp., by Kmart and parent Sears Holding Corp. seeking Yardberry’s employment records, since there is no valid reason...
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