Issue of the Case
When a pharmacist files a lawsuit in federal court alleging false claims for reimbursement were submitted by her employer (a national pharmacy chain) and the trial court dismisses the action for failure to provide sufficient detail but allows revision of the claims, will the revised statement of facts be sufficient for the lawsuit to proceed?
Facts of the Case
A pharmacist who was a long-term employee of a national pharmacy chain filed a whistleblower complaint against her employer under the federal statute known as the False Claims Act. She alleged that the firm had been submitting false claims to both Medicaid and Medicare, rooting her arguments in both federal and state law. The matter was filed in a federal district court. Although both attorneys representing the federal and state government were given the opportunity to intervene to take over the case, they declined.
The False Claims Act is a long-standing product of the Civil War, aimed at punishing firms or individuals that attempt to defraud the federal government. Enacted in 1863, this statute was a result of vendors selling the army malfunctioning ammunition and firearms, as well as other unusable supplies.
Having been enacted during the administration of President Abraham Lincoln, this statute is sometimes referred to as the Lincoln Law. This statute includes a provision that is rooted in Anglo-American law back to the 14th century. Known as a “qui tam” law, these statutes reward the individual...
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