The firm served as lead counsel for Omnicare in a significant False Claims Act Qui Tam case in which the plaintiff claimed billions of dollars in damages based on Omnicare’s supposed “kickbacks” to nursing home facilities. On September 3, 2015, the court granted summary judgment for Omnicare on all claims. The plaintiff appealed to the Fifth Circuit, which heard oral argument on September 26, 2016. Only a month later, on October 28, 2016, the Fifth Circuit affirmed the district court’s summary judgment decision, finding that there was insufficient evidence to go to a jury on the plaintiff’s “kickback” theory.
Led by Enu Mainigi, the team representing Omnicare included Craig Singer, Joseph Terry, Holly Conley, Ashley Hardin, Eric Blankenstein, Catherine Wagner, Jennifer Wimsatt Pusateri and Tamara Rubb.