United States ex rel. Ambrosecchia v. Paddock Laboratories

The Eighth Circuit affirmed the dismissal of relator's False Claims Act (FCA), 31 U.S.C. 3729 et seq., suit based on the public disclosure bar. Relator alleged that defendants sought reimbursement from Medicare and Medicaid for ineligible drugs. The Eighth Circuit concluded that the amended public disclosure bar was appropriately resolved on a motion to dismiss, even assuming that it no longer poses a jurisdictional question; relator's complaint was insufficient to plausibly state that she qualified as an original source; the district court did not abuse its discretion in denying leave to amend; and the district court did not abuse its discretion by allowing Paddock and Perrigo to jointly file a motion to dismiss the second amended complaint. View "United States ex rel. Ambrosecchia v. Paddock Laboratories" on Justia Law