Eisai Beats Whistleblower's Off-Label Marketing FCA Suit

Law360, New York (February 1, 2013, 3:33 PM EST) -- A Florida federal judge on Friday tossed an employee whistleblower's False Claims Act suit accusing pharmaceutical company Eisai Inc. of promoting off-label uses for its drugs and paying medical providers to use its drugs in unapproved ways.

U.S. District Judge Kathleen M. Williams said qui tam relator Michael Keeler failed to plead key, particular elements of the alleged fraud, triggering the dismissal of the case on procedural grounds.

“Relator has failed to set forth a claim under even the minimal pleading requirements recognized by long-standing and...
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