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High Court Won't Hear Abilify Whistleblowers' FCA Claims

Law360 (May 29, 2018, 5:04 PM EDT) -- The U.S. Supreme Court said Tuesday it will not hear whistleblowers’ appeal of a Sixth Circuit finding that they haven’t demonstrated that pharmaceutical companies Bristol-Myers and Otsuka’s alleged off-label promotion for the anti-psychotic drug Abilify and use of kickbacks was part of a conspiracy to submit false claims.

The order leaves in place the appeals court’s majority decision not to revive former Bristol-Myers Squibb Co. sales representatives Joseph Ibanez and Jennifer Edwards’ False Claims Act suit, saying they hadn’t proven a link between alleged false statements and and claims submitted to the government.

The Supreme Court did not comment on the case...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

2890 Other Statutory Actions

Date Filed

April 6, 2018

Law Firms


Government Agencies