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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.