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When Should False Claim Act Complaints Be Dismissed? US Supreme Court Wants Government's Views

 
• By Brenda Sandburg

Solicitor General to weigh in on Gilead's petition asking court to clarify application of its Escobar decision; PhRMA and BIO say FDA, not jury, should decide whether company has complied with FDCA.

US Supreme court building with 1st statue on left

The US Supreme Court is giving closer scrutiny to Gilead Sciences Inc.'s request that the court clarify how a False Claims Act complaint should be resolved when the government knows about a company's alleged misrepresentations about a product but continues to pay for it.

In its April 16 order list, the court said it has invited the Solicitor General to file a brief expressing the views of the United States in the case, Gilead Sciences Inc. v. US ex rel. Campie

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