Millennium Shakes Revived FCA Billing Scam Suit

Law360, New York (January 30, 2014, 1:46 PM EST) -- A Massachusetts federal judge on Tuesday threw out a False Claims Act suit accusing Millennium Laboratories of California Inc. of pushing doctors to order excessive and medically unnecessary drug tests, following a partial revival by the First Circuit, saying the fraud allegations are too vague.

On remand, U.S. District Judge Rya W. Zobel ruled that relator Robert Cunningham’s suit fails to show the promotion of a fraudulent physician billing model designed to cause false claims by encouraging doctors to perform too many tests.

“There are no...
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