High Court Sets Stage For Momentous FCA Ruling

Law360, New York (October 09, 2013, 6:12 PM ET) -- The U.S. Supreme Court signaled this week that it may finally determine how precisely whistleblowers must describe fraud schemes to sustain False Claims Act suits, a decision that would shape the fate of hundreds of cases each year and carry multibillion-dollar implications for the health care industry, experts say.

At issue is a qui tam complaint accusing Takeda Pharmaceutical Co. Ltd. of off-label promotion that indirectly caused improper billing of Medicare. All sides recognize that the whistleblower, a salesman still employed by the drugmaker, failed to...
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