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Wednesday, November 27, 2024

McKesson Asks Justices to Reject Whistleblower’s Kickback Claims - Bloomberg Law

McKesson Corp. told the US Supreme Court that there’s no need to revisit an appeals court’s rejection of whistleblower’s claims that the pharmaceutical company engaged in a kickback schement in violation of the False Claims Act.

The US Court of Appeals for the Second Circuit properly concluded that whistleblower Adam Hart failed to show that McKesson acted willfully under the Anti-Kickback Statute, McKesson said in its Aug. 16 brief in opposition to Hart’s petition seeking the justices’ review.

The appeals court correctly concluded that Congress used the term “willfully” under the AKS to mean that the defendant must know that ...

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