Fifth Circuit Rules in Favor of Omnicare in Significant False Claims Act Qui Tam Case

November 2016

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.

HEALTH GROUP OF THE YEAR: LAW360 NAMES WILLIAMS & CONNOLLY

HEALTH GROUP OF THE YEAR: LAW360 NAMES WILLIAMS & CONNOLLY

The firm was noted for the size, complexity and significance of health litigation matters handled in 2015, including representing Omnicare in a prominent FCA suit, and pharmacy giant CVS in a Medicare Part D case, which according to the publication was “one of many high profile defense wins that made the firm a False Claims Act heavyweight.”

ENU MAINIGI SPEAKER AT HEALTHCARE ENFORCEMENT COMPLIANCE INSTITUTE CONFERENCE

ENU MAINIGI SPEAKER AT HEALTHCARE ENFORCEMENT COMPLIANCE INSTITUTE CONFERENCE

Enu Mainigi spoke on a panel at the Healthcare Enforcement Compliance Institute conference on October 23, 2016. The panel on “Litigating a False Claims Act Case,” discussed common motions in FCA litigation, developing issues in proving falsity, knowledge and damages, discovery and trial issues in intervened and non-intervened cases, role of individual defendants in FCA litigation.

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