Calif. Appeals Court Nixes Bristol-Myers Win In Kickback Row

Law360, Los Angeles (June 27, 2014, 8:32 PM EDT) -- A California appeals court on Friday reversed an order in favor of Bristol-Myers Squibb Co. in a whistleblower suit alleging Bristol-Myers paid kickbacks to doctors who pushed its drugs, saying the lower court erred in finding that proof of liability requires a claim to be presented to an insurer.

The appeals court set aside the lower court's summary judgment ruling in favor of the pharmaceutical giant, reviving the suit seeking to impose civil penalties for violation of California's Insurance Fraud Prevention Act and Insurance Code Section 1871. The trial court sided with Bristol-Myers, which had argued that a claim to an...

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