California Court of Appeal
State of CA v. Superior Court (Bristol-Myers Squibb Co.), B252073
In a qui tam action alleging that defendant violated the Insurance Fraud Prevention Act (IFPA) by employing runners and cappers to induce physicians to prescribe its drugs to their patients, the trial court's summary adjudication order in favor of defendant is reversed and the petition for writ of mandate is granted, where: 1) for the assessment of monetary penalties (but not the imposition of other available remedies), Insurance Code section 1871.7 requires proof of resulting claims that are in some manner deceitful, though not necessarily containing express misstatements of fact; and 2) causation may be established under the standard substantial-factor test, not the but-for test.
Appellate Information
- Decided 06/27/2014
- Published 06/27/2014
Judges
- CHANEY
Court
- California Court of Appeal