· 7/27/2007
United States Ex Rel. Fowler v. Caremark RX, L.L.C.
Citations
- 496 F.3d 730
- 2007 U.S. App. LEXIS 17919
- 2007 WL 2142310
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiffs failed to meet Rule 9(b)’s particularity requirement where they did “not present any evidence at an individualized transactional level”
- finding that the plaintiffs did “not present any evidence at an individualized transaction level to demonstrate” fraudulent retention of federal refunds
- noting that “‘innocent’ mistakes or negligence are not actionable” under the FCA (citations omitted)
- “Both sections [ (a)(1) and (a)(2)] require a false claim or statement and knowledge that the claim or statement is false.”
- \Relators do not present any evidence at an individualized transaction level to demonstrate\ fraudulent retention of federal refunds
- “[Relator’s position] would transform every inaccurate claim into a false claim and consequently replace the Act’s knowledge requirement with a strict liability standard.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ripple, Kanne, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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