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PharMerica Urges Justices To Review FCA's 1st-To-File Bar

Law360, New York (June 10, 2016, 11:47 PM EDT) -- PharMerica Corp. has once again urged the U.S. Supreme Court to take on its appeal of the First Circuit’s decision to allow a whistleblower to amend his False Claims Act suit instead of dismissing it, claiming the appeals court defied specific stipulations set out in the act.

By allowing Robert Gadbois to supplement his suit instead of refile it completely, the First Circuit went against the FCA’s so-called first-to-file bar, which prevents whistleblowers from filing suit for allegations that have already been brought to light, the long-term-care pharmacy chain said in a June 6 reply brief. The appellate decision in turn...

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