United States Ex Rel. Kennedy v. Aventis Pharmaceuticals, Inc.

How courts have described this case

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

• holding that relators had alleged the facts they could with particularity and had drawn reasonable inferences that the claims were actually submitted to the government. “For these reasons, dismissal at this stage under Rule 9(b) would be inappropriate.”
• “Given the significant portion of medical care in this country” that Medicare and Medicaid finance, “relators have drawn a reasonable inference” that the defendants submitted reimbursement claims to the government.
• case law regarding the FCA is also applicable to similar state statute
• “Case law regarding the FCA is also applicable to the [IFCA].”
• “Given the significant proportion of medical care in this country that is financed by Medicare and Medicaid, relators have drawn a reasonable inference that claims for reimbursement ... were submitted to the federal government or the State of Illinois for payment.”
• “Though [plaintiff] may have complained about off-label marketing, there is no indication in her complaint that she informed her employers that she suspected that [the employer] was defrauding the government or that she was pursuing or assisting in making an FCA claim.”

Source: CourtListener parenthetical corpus (CC0).