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U.S. EX REL. BANIGAN v. PHARMERICA, INC.

No. 18-1487.

950 F.3d 134 (2020)

UNITED STATES, ex rel. James BANIGAN and Richard Templin; State of Florida, State of Illinois, State of Indiana, State of Louisiana, Commonwealth of Massachusetts, State of Michigan, State of New Mexico, State of New York, State of Tennessee, State of Texas, Commonwealth of Virginia, State of North Carolina, ex rel. James Banigan and Richard Templin, Plaintiffs, Appellants, State of California, State of Colorado, State of Connecticut, State of Delaware, District of Columbia, State of Georgia, State of Hawaii, State of Maryland, State of Minnesota, State of Montana, State of Nevada, State of New Hampshire, State of New Jersey, State of Oklahoma, State of Rhode Island, State of Wisconsin, City of Chicago, ex rel. James Banigan and Richard Templin, Plaintiffs, v. PHARMERICA, INC., Defendant, Appellee, Omnicare, Inc.; Organon Pharmaceuticals USA, Inc.; Organon USA, Inc.; Schering Plough Corp.; Akzo Nobel NV.; Merck & Co., Inc.; Organon Biosciences N.V.; Organon International, Inc., Defendants.

United States Court of Appeals, First Circuit.

February 19, 2020.

Attorney(s) appearing for the Case

Zenobia Harris Bivens and Michael Hurta , Houston, TX, with whom Joel M. Androphy , Berg & Androphy, Michael E. Mone, Jr. , Boston, MA, Patricia L. Kelly , and Esdaile, Barrett, Jacobs & Mone were on brief, for appellants.

Benjamin M. McGovern , Boston, MA, with whom James D. Smeallie , Michael Manthei , and Holland & Knight LLP were on brief, for appellee.

Before Torruella, Lipez, and Kayatta, Circuit Judges.

James Banigan and Richard Templin (collectively, "relators") brought this qui tam action under the False Claims Act ("FCA") and several of its state law equivalents alleging that PharMerica, Inc. ("PharMerica") defrauded the government by participating in a Medicaid scheme that rewarded it financially for incentivizing physicians...

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