Turner, Day & Woolworth Handle Co. v. Allen

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “a[n] FDA approved drug that has been prescribed for its on- label use is necessarily covered under Medicare Part D” and “[c]onsequently, Plaintiff cannot [ ] state a claim under the FCA in this context”
• finding FCA claim may be facially viable where defendant’s alleged “marketing [scheme] caused claims to be submitted for payment which did not comply with federal and state conditions for payment”
• allegations that Defendants' scheme caused states to include Plavix on their state's Medicaid formularies for indications for which Plavix is not medically necessary failed to plead falsity
• “[A] drug prescribed for its on-label use — by definition — means that the prescription is medically reasonable for its intended purpose by virtue of the FDA approval process.”
• “[T]o the extent that [r]elator alleges that [d]efendants' conduct resulted in the filing of false claims prior to March 30, 2005, six years prior to the filing of the initial Complaint, such claims are dismissed.”

Source: CourtListener parenthetical corpus (CC0).