ASTELLAS US HOLDING, INC. v. FEDERAL INSURANCE CO.

No. 21-3075.

66 F.4th 1055 (2023)

ASTELLAS US HOLDING, INC. and Astellas Pharma US, Inc., Plaintiffs-Appellees, v. FEDERAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 2023.


Attorney(s) appearing for the Case

Peter D. Laun , Attorney, Jones Day, Dallas, TX, Mark Joseph Andreini , Attorney, Jones Day, Cleveland, OH, Nicole C. Henning , Attorney, Jones Day, Chicago, IL, for Plaintiffs-Appellees.

Janet R. Davis , Attorney, Cozen O'Connor, Chicago, IL, Jonathan Hacker , Jenya Godina , Attorneys, O'Melveny & Myers LLP, Washington, DC, for Defendant-Appellant.

David R. Ruiz, Sr. , Dennis B. Kass , Attorneys, Manning & Kass, Ellrod, Ramirez, Trester, LLP, Los Angeles, CA, for Amicus Curiae.

Before Rovner, Hamilton, and Scudder, Circuit Judges.


Plaintiffs Astellas US Holding, Inc. and Astellas Pharma US, Inc. (we can treat them here as one entity, Astellas) paid the federal government $100 million to settle potential claims for violations of the federal Anti-Kickback Statute and the federal False Claims Act. The potential claims stemmed from Astellas' contributions...

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