United States Seventh Circuit

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Fowler v. Caremark Rx, LLC, 06-4419

In a qui tam suit alleging that a prescription drug benefit provider engaged in six fraudulent schemes against the US government, dismissal of the complaint is affirmed where: 1) since the relators' proposed third amended complaint does not appear to be based upon publicly disclosed information, the jurisdictional bar of 31 U.S.C. section 3730(e)(4) does not apply; 2) the relators' proposed third amended complaint did not meet the heightened pleading requirements of the federal rules; and 3) the district court did not abuse its discretion in denying the relators' motion to amend the complaint.

Appellate Information

  • Argued 06/06/2007
  • Decided 07/27/2007
  • Published 07/27/2007


  • KANNE, Circuit Judge., Before RIPPLE, KANNE, and EVANS, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Michael I. Leonard (argued), Meckler, Bulger & Tilson, Chicago, IL, for Plaintiffs-Appellants.

  • For Appellees:
  • Howard M. Pearl (argued), Peter J. Kocoras, Winston & Strawn, Chicago, IL, for Defendants-Appellees.
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