The multi-front litigation over pharma companies' efforts to limit the use of contract pharmacies by 340B covered entities continues, and it’s getting interesting. After courts pushed back on attempts by the U.S. Department of Health and Human Services to require pharma manufacturers to distribute drugs to as many contract pharmacies as the covered entity may […]
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FCA Case Spotlight: FCA Scienter After Schutte — Sheldon v. Allergan & White v. Gainwell
Sheldon: No. ELH-14-2535, 2026 WL 1868781 (D. Md. June 29, 2026) | White: 2026 WL 1864033 (D. Mass. June 29, 2026) Executive Summary Decided on the same day, United States ex rel. Sheldon v. Allergan Sales, LLC and United States ex rel. White v. Gainwell Technologies LLC are two district-court opinions applying the Supreme Court’s […]
FCA Case Spotlight: United States ex rel. Kyer v. Thomas Health System, Inc.
No. 25-1507, — F.4th —-, 2026 WL 1595887 (4th Cir. June 4, 2026) Executive Summary In United States ex rel. Kyer v. Thomas Health System, Inc., the Fourth Circuit Court of Appeals affirmed the dismissal of a qui tam False Claims Act (FCA) suit brought by a former hospital nurse against a nonprofit health system, […]
FCA Cases – Quarterly Summary by FCA Section (2025 Q3 – 2026 Q1)
Three quarters of FCA case law summarized by statutory provision — covering presentment, conspiracy, reverse false claims, scienter, qui tam, public disclosure, and retaliation.
FCA Case Spotlight: United States ex rel. Adventist Health System of West v. AbbVie
The Ninth Circuit revives a 340B qui tam suit, holding that the FCA remains an independent enforcement mechanism even where the underlying statute lacks a private right of action.