U.S. EX REL. FOWLER v. CAREMARK RX, L.L.C.

No. 06-4419.

496 F.3d 730 (2007)

UNITED STATES ex rel. Michael FOWLER, Peppi Fowler, Victor Cortes, and Danny Nevarez, Plaintiffs-Appellants, v. CAREMARK RX, L.L.C., and Caremark Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 2007.

Rehearing and Suggestion for Rehearing En Banc Denied September 7, 2007.


Attorney(s) appearing for the Case

Michael I. Leonard (argued), Meckler, Bulger & Tilson, Chicago, IL, for Plaintiffs-Appellants.

Howard M. Pearl (argued), Peter J. Kocoras, Winston & Strawn, Chicago, IL, for Defendants-Appellees.

Before RIPPLE, KANNE, and EVANS, Circuit Judges.


KANNE, Circuit Judge.

The plaintiff—Relators are employees of Caremark. They filed a qui tam action under the False Claims Act. 31 U.S.C. § 3729 et seq. The district court held that subject matter jurisdiction existed but dismissed the complaint on the merits. On appeal, the Relators argue that the district court erred in dismissing the case while Caremark argues that the case should have been dismissed for want of subject matter jurisdiction...

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