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PharMerica Can't Nix FCA Suit Under First-To-File Bar

Law360, New York (April 2, 2015, 4:11 PM EDT) -- A South Carolina federal judge on Thursday refused to boot a whistleblower’s False Claims Act suit accusing PharMerica Inc. of soliciting and accepting kickbacks from Amgen Inc., finding that the statute’s first-to-file bar doesn’t apply after an earlier suit was dismissed.

The ruling from U.S. District Judge Joseph F. Anderson Jr. focused on the first-to-file bar’s statement that private parties cannot bring FCA cases based on the facts of another “pending action.” Courts have split over whether that permanently blocks all copycat complaints or only those...
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Case Information

Case Title

Kurnik et al v. Amgen Inc et al

Case Number



South Carolina

Nature of Suit

Other Statutory Actions


Joseph F Anderson, Jr

Date Filed

June 14, 2011

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Government Agencies

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