United States Ex Rel. Westmoreland v. Amgen, Inc.

How courts have described this case

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

• discussing applicability of AKS safe harbor provisions related to group purchasing agents
• collecting cases holding that violations of the Anti-Kickback Statute triggers FCA liability
• “[E]ven if her evidentiary presentation could be viewed as demonstrative of non-receipt, this would simply raise a question of fact, not warrant summary judgment.”
• “The amendment’s legislative histoiy, however, evinces Congress’ intent to clarify, not alter, existing law that claims for payment made pursuant to illegal kickbacks are false under the False Claims Act.’’
• “Generally, evidence of non-receipt is insufficient to rebut the presumption of receipt under the mailbox rule, but it does present a triable question of fact whether the letter was properly sent.” (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).