Legal Opinion

United States v. Omnicare, Inc.

Court of Appeals for the Third Circuit

Decided September 4, 2018No. 16-4418PublishedCited by 42 opinions

1Opinion of the Court

CHAGARES, Circuit Judge.

*81 Plaintiff-relator Marc Silver appeals the District Court's grant of PharMerica Corporation's 1 motion for summary judgment and motion to dismiss his qui tam action filed under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729 - 33, based on the FCA's public disclosure bar. That bar generally disallows qui tam actions that rely on allegations that are, at least in substantial form, already known to the public. Silver alleges that PharMerica - which owns and operates institutional pharmacies serving nursing homes - unlawfully discounted prices for nursing homes' Medicare…

2Cases cited23 opinions

  1. United States Ex Rel. Grubbs v. KannegantiCourt of Appeals for the Fifth Circuit · 2009
  2. Graham County Soil & Water Conservation District v. United States Ex Rel. WilsonSupreme Court of the United States · 2010
  3. United States Ex Rel. Schumann v. Astrazeneca Pharmaceuticals L.P.Court of Appeals for the Third Circuit · 2014
  4. United States of America, Ex Rel., Paul E. Atkinson Eugene Schorsch v. Pa. Shipbuilding Co. First Fidelity Bank, N.A. Sun Ship, Inc., Paul E. AtkinsonCourt of Appeals for the First Circuit · 2007
  5. Thomas Foglia v. Renal Ventures ManagementCourt of Appeals for the Third Circuit · 2014

18 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. USA, ex rel. v. UPMCCourt of Appeals for the Third Circuit · 2019
  2. Associated Builders & Contractors Western Penn v. Community College of AlleghenyCourt of Appeals for the Third Circuit · 2023
  3. USA v. USCC Wireless Investment, Inc.Court of Appeals for the D.C. Circuit · 2025
  4. People ex rel. Lindblom v. Sears Brands, LLCAppellate Court of Illinois · 2019
  5. State of N.Y. ex rel. Solomon v. Siemens Elec., LLCAppellate Division of the Supreme Court of the State of New York · 2022

37 more not listed; retrieve them via the Exa API.

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