Sears Can't Dodge Whistleblower's FCA Pharmacy Suit

Law360, Los Angeles (November 20, 2013, 10:52 PM EST) -- An Illinois federal judge on Wednesday denied Sears Holding Corp.'s bid to escape a pharmacist's False Claims Act suit over prescription drug discounts for customers enrolled in government insurance programs, saying there are substantial questions of fact as to whether the retailer knowingly or willfully violated the law.

U.S. District Judge Michael J. Reagan denied Sears and subsidiary Kmart Inc.'s motion for summary judgment as to damages and liability in qui tam relator Michael Yarberry's suit, which claims the defendants violated the FCA, the federal Anti-Kickback...
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