Justices Won't Review Do-Overs Of Whistleblower FCA Cases

Law360 (January 11, 2021, 4:54 PM EST) -- The U.S. Supreme Court on Monday shot down Bristol-Myers Squibb and Sanofi's challenge to a decision that allowed New Mexico to proceed with allegations of unlawful drug marketing even though a whistleblower lost a suit with the same facts.

The justices denied a petition by drugmakers Bristol Myers Squibb Co. and Sanofi-Aventis US LLC, which had argued that there is "an important and growing disagreement" among the courts on whether a whistleblower's loss in a False Claims Act case means the government can't pursue the same allegations. The high court gave no reasoning behind its denial.

"Bristol Myers Squibb and Sanofi...

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