UNITED STATES of America, EX REL. Anthony R. SPAY
v.
CVS CAREMARK CORPORATION; Caremark Rx, LLC, f/k/a Caremark RX, Inc.; Caremark, LLC, f/k/a Caremark, Inc.; Silverscript, LLC, f/k/a Silverscript Inc. Anthony R. Spay, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Before: SMITH, Chief Judge, McKEE, and RESTREPO, Circuit Judges.
OPINION OF THE COURT
McKEE, Circuit Judge.
We are asked to consider the viability of two potential defenses to an alleged False Claims Act violation that arise in the context of the Medicare Part D Program: the government knowledge inference, which can defeat a finding of scienter in certain circumstances, and the element of materiality...
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