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J&J Won't Get High Court Look At FCA 'Particularity' Rule

Law360 (April 16, 2018, 3:49 PM EDT) -- The U.S. Supreme Court declined Monday to review the First Circuit's revival of a False Claims Act case against Johnson & Johnson, once again punting on the long-simmering issue of how precisely FCA suits must describe fraudulent billing.

The whistleblower case accuses J&J unit DePuy Orthopaedics Inc. of selling defective hip replacements to unwitting doctors who then billed Medicare for the devices. The First Circuit partly revived the case despite its supposed failure to identify specific false billing claims, finding that the case's allegations, if true, would...
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