United States Fourth Circuit

Dismissal of a qui tam action brought under the False Claims Act (FCA), against his defendant-former employer alleging that defendants violated a series of Food and Drug Administration (FDA) safety regulations requiring that penicillin and non-penicillin drugs be packaged in complete isolation from one another, and that these drugs were not eligible for reimbursement by Medicare and Medicaid, is affirmed, where: 1) the relator's complaint failed to allege that defendants made a false statement or that they acted with the necessary scienter; and 2) the district court did not abuse its discretion in denying relator's request to file a third amended complaint.

Appellate Information

• Decided 02/21/2014
• Published 02/21/2014

Judges

• KEENAN

Court

• United States Fourth Circuit

Counsel