The U.S. Court of Appeals for the First Circuit recently called summary judgment “the put up or shut up moment in litigation.” On January 30, 2017, the relators in U.S. ex rel. Booker v ...

Second, relators are pursuing increasingly novel theories of FCA liability. Third, the FCA relator bar continues to develop and is a well-organized, talented group of attorneys.

The relators alleged that CVS had submitted false information about its costs during the reconciliation process, and had used “dummy prescriber IDs” on its submissions to CMS.