Williams & Connolly client CVS Health recently prevailed in an important False Claims Act whistleblower case in the Eastern District of Pennsylvania for which it was granted summary judgment on all claims. The CVS victory not only has significant implications for all entities that deal with Medicare Part D but, because the relator was an outside auditor and not a current or former employee, the decision also has practical significance for other industries.
Retained after a motion to dismiss was denied, Williams & Connolly faced a team of three well-known relator-side law firms. The discovery and summary judgment periods were lengthy and intense, and generated a massive record for the Court. During the process, the Williams & Connolly team, led by Enu Mainigi and Grant Geyerman, developed the argument that ultimately led the Court to pronounce the relator’s allegations “smoke and mirrors.” In a 134-page opinion, the judge cited the “clear and logical story” that Williams & Connolly partners told, which clarified the purpose of so-called “dummy” physician identifier numbers and confirmed that they do not constitute false claims to the Government.