Gov't Sees Outlier Among Off-Label Cases Under FCA

Law360, New York (December 16, 2013, 6:32 PM EST) -- On Nov. 7, the U.S. Attorney’s Office for the Southern District of New York filed a statement of interest in United States ex rel Matthew Cestra et al v. Cephalon Inc. et al., 10 Civ. 6457 (SHS) (S.D.N.Y.), in connection with a motion by the defendant pharmaceutical company to dismiss, based in part on the Second Circuit’s decision in United States v. Caronia, 703 F.3d 149 (2d Cir. 2012).[1]

The government submitted its statement of interest “to advise the [c]ourt of its position that the Second...
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