Where a former employee plausibly alleged that a drugmaker violated the False Claims Act, or FCA, by fraudulently reporting to the government the best price of a prescription drug subject to such reporting, but she failed to plead facts showing these defendants presented any claims to the government for reimbursement, she will have an opportunity to amend her complaint and plead those essential facts.
Background
Rebecca Miller brings this qui tam action on behalf of the United States, the District of Columbia, the Commonwealth of Puerto Rico and 29 states, alleging that the defendants violated, and conspired to violate, the FCA and numerous FCA-related local statutes by fraudulently reporting to the government the best price of a prescription drug subject to such reporting, by violating the Anti- Kickback Statute, or AKS, and by retaliating against her. Defendants have filed a motion to dismiss.
Jurisdiction and service
The defendants argue, in part, that the action should be dismissed against Reckitt Benckiser Group PLC under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction and Rule 12(b)(5) for ineffective service of process. I agree.
Reckitt Benckiser Group PLC is a United Kingdom-based company and there are no allegations or evidence suggesting that its principal place of business is in the United States or that the company’s operations are managed in the United States. Further Miller’s claims as pled arise out of RB Pharma’s activities and it...
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