Third and Fifth circuits accept materiality arguments in throwing out qui tam cases

By on November 27, 2017 Posted in Enforcement

On November 16, 2017, the Third Circuit Court of Appeals affirmed the grant of summary judgment in favor of CVS Caremark, Corp. (“CVS Caremark”), finding that although the lower court’s reasoning was flawed, the whistleblower Anthony Spay failed to establish the requisite materiality element of a False Claims Act (“FCA”) lawsuit. In making its decision, … Continue reading

CVS customers denied class certification in lawsuit alleging overcharging for generic prescriptions

By on March 22, 2017 Posted in Enforcement

On Tuesday, March 21st, the U.S. District Court for the Northern District of California denied class certification in a suit alleging that CVS had overcharged insurance companies for generic prescriptions, resulting in higher copayments for customers. Corcoran, et al. v. CVS Health, et al., No. 15-cv-03504-YGR. The putative class alleged that in 2008 CVS introduced … Continue reading

Challenge dropped to dismissal of allegations of pharmacy-reward fraud

By on September 17, 2015 Posted in Enforcement

A relator is dropping his appeal of a district court decision that granted a motion to dismiss FCA claims against CVS. Procedural deficiencies were raised with relator’s appeal, including missing the filing deadline for his appeal in the U.S. Court of Appeals for the Seventh Circuit. The underlying case, which will now stand, could encourage … Continue reading