U.S. EX REL. WINKELMAN v. CVS CAREMARK CORP.

No. 15-1991.

827 F.3d 201 (2016)

UNITED STATES EX REL. Myron WINKELMAN and Stephani Martinsen, Plaintiffs, Appellants, v. CVS CAREMARK CORPORATION et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 30, 2016.


Attorney(s) appearing for the Case

Brian Wojtalewicz , with whom Wojtalewicz Law Firm, Ltd., Appleton, MN, Timothy G. Lynch , Ann Arbor, MI, Swartz & Lynch LLP, Boston, MA, Neil P. Thompson , Robert P. Christensen , Robert P. Christensen, P.A., James G. Vander Linden , and Levander & Vander Linden, P.A., Minneapolis, MN, were on brief, for appellants.

Ken Paxton , Attorney General of Texas, Jeffrey C. Mateer , First Assistant Attorney General, James E. Davis , Deputy Attorney General for Civil Litigation, Raymond C. Winter , Chief, Civil Medicaid Fraud Division, Cynthia O'Keeffe , Deputy Chief, Civil Medicaid Fraud Division, and Richard E. Salisbury , Assistant Attorney General, Civil Medicaid Fraud Division, on brief for State of Texas, amicus curiae.

Grant A. Geyerman , with whom Enu Mainigi , Craig D. Singer , Roy S. Awabdeh , and Williams & Connolly LLP Washington, DC, were on brief, for appellees.

Before Howard, Chief Judge, Selya and Lynch, Circuit Judges.


The False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, authorizes private parties to bring qui tam actions on the government's behalf alleging fraud on government programs. Although such actions can be powerful weapons for rooting out chicanery shrouded in darkness, the FCA forbids private suits once the sun has shone...

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