Legal Opinion
United States Ex Rel. Ibanez v. Bristol-Myers Squibb Co.
Court of Appeals for the Sixth Circuit
Decided October 27, 2017No. 16-3154PublishedCited by 93 opinions
1Opinion of the CourtMcKEAGUE, J., joined by Kethledge, J.,
STRANCH, J. (pp. 922-26), delivered a separate opinion concurring in part and dissenting in part.
OPINION
McKEAGUE, Circuit Judge.
Relators Joseph Ibanez and Jennifer Edwards, former employees of Bristol-Myers Squibb Co. (BMS), bring this qui tom action alleging that BMS, together with Otsuka America Pharmaceutical, Inc. (Otsuka), engaged in a complex, nationwide scheme to improperly promote the antipsychotic drug Ability. Relators assert that this scheme caused claims for reimbursement for the drug to be submitted to the government, in violation of the False Claims Act (FCA), 31 U.S.C. § 3729…
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