Takeda False Claim Act Case May Allow Supreme Court To Set Evidence Threshold

High court seeks Solicitor General’s views on whether a whistleblower must identify a specific false claim submitted to the government or just have evidence to infer the submission; Solicitor General has previously supported latter position.

Does a whistleblower have to identify a specific false claim that was actually submitted to the government for payment in order to bring a complaint under the False Claims Act?

The Supreme Court may tackle this question in a case alleging Takeda Pharmaceuticals North America Inc. promoted its proton pump inhibitor Kapidex (now marketed as Dexilant) for an unapproved use. A district court dismissed the suit, brought by a Takeda sales representative, and the U.S. Court of Appeals for the Fourth Circuit affirmed the decision. The sales rep filed a

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