Pfizer Says 2nd Circ. Can't Review Lipitor FCA Suit

Law360, New York (February 10, 2014, 4:26 PM EST) -- Pfizer Inc. told the Second Circuit on Monday it lacks jurisdiction to review a False Claims Act dispute over alleged off-label marketing of the company's cholesterol drug Lipitor, arguing that a lower court failed to resolve all of the claims in the whistleblower suit.

Pfizer said a New York federal judge had properly dismissed claims by Jesse Polansky that the pharmaceutical giant marketed Lipitor for unapproved uses, but also "inadvertently" dismissed his claim that he was fired after raising concerns about the conduct. The employment claim has not been resolved, Pfizer said.

"There's no proper final judgment here, and therefore, there's...

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