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The AKS "Means What It Says" — But Some Manufacturers and Patients Are Still Between a Rock and a Hard Place on Copay Assistance

In a highly watched case relating to the ability of pharmaceutical manufacturers to support patient copay assistance, the Southern District of New York recently denied Pfizer’s request for a declaratory judgment that two...more

Relators Continue to Face Pleading Hurdles in FCA Cases Post-Escobar

The Northern District of Illinois is the latest court to grant a defendant’s motion to dismiss in a False Claims Act (FCA) case, after the relator failed to meet the substantial pleading burden established in the U.S. Supreme...more

What Is Actual Knowledge? Third Circuit to Weigh in on Post-Escobar Materiality Question

One year after the Supreme Court changed the False Claims Act landscape, FCA litigants continue to grapple with the “demanding” materiality standard set forth in Universal Health Services v. United States ex rel Escobar. Now...more

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