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Searching Content indexed under Court Procedure by Ropes & Gray LLP's Government Enforcement/White Collar Crime Practice ordered by Published Date Descending.
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Second Circuit Holds First Amendment Bars Conviction Based Solely On Off-Label Promotion Of FDA-Approved Drug
In its long-awaited decision in United States v. Caronia, the Second Circuit ruled today that the First Amendment bars the criminal prosecution of pharmaceutical manufacturers or their sales representatives for truthful, non-misleading speech promoting the lawful, off-label use of an FDA-approved drug.
United States
4 Dec 2012
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U.S. District Court Issues False Claims Act Judgment For Defendants In Case Challenging Competitive Bidding For DME Contract
After a fourteen-day bench trial, a Mississippi federal court in United States ex rel. Jamison v. McKesson Corp., et al., Civ. A. No. 2:08-cv-214-SA-JMV (N.D. Miss. Sept. 28, 2012), rendered a complete verdict for the defense, holding that in this federal False Claims Act case based on the Anti-Kickback Statute ("AKS") , the United States had failed to carry its burden to prove that illegal remuneration had been offered or accepted, or that any defendant had acted with the scienter required by t
United States
2 Nov 2012
3
D.C. Circuit Confirms Broader Applicability Of Net Loss Approach To FCA Damages Calculations
Last week, the D.C. Circuit held in "United States of America, ex rel. Davis v. District of Columbia", that in suits under the False Claims Act ("FCA") alleging false claims for Medicaid reimbursement, the calculation of damages must take into account the value of the medical services actually received.
United States
9 Jun 2012
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