Texas Judge Backs Broad DOJ Authority To End FCA Suits

Law360 (May 17, 2019, 8:44 PM EDT) -- A Texas federal judge on Thursday recommended the dismissal of False Claims Act suits accusing Eli Lilly and Bayer of providing kickbacks to doctors in the form of various assistance services, saying the U.S. Department of Justice has "virtually unfettered" dismissal authority in whistleblower FCA cases.

U.S. Magistrate Judge Caroline M. Craven recommended that the Texas federal court grant the DOJ's requests to dismiss two suits brought by affiliates of National Healthcare Analysis Group, a health care research company, accusing Eli Lilly and Co. Inc., Bayer Corp. and other drugmakers and "outsourcing vendors" of providing kickbacks to doctors in the form...

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