Case Citator › United States ex rel. Fowler v. Caremark Rx, L.L.C.

United States ex rel. Fowler v. Caremark Rx, L.L.C.

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Seventh Circuit
Citation
496 F.3d 730
Decided
Confirmed treatments
1
Flagged citations read
29 of 29
Citing cases (total)
29
Treatment dates
2009
Overruled in part
A reviewed court has overruled part of this case’s holding. United States ex rel. Fowler v. Caremark Rx, L.L.C. was overruled in part. All 29 flagged citations have been read.
More on how this was screened

The one confirmed treatment is listed below: the Seventh Circuit rejected Fowler's interpretation of when a False Claims Act suit is “based upon” a public disclosure. Later opinions continue to cite Fowler's separate holdings on false claims, knowledge, and pleading.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

29 later cases cite United States ex rel. Fowler v. Caremark Rx, L.L.C.; 29 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on United States ex rel. Fowler v. Caremark Rx, L.L.C.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Seventh Circuit overruled Fowler's interpretation of “based upon” in the False Claims Act's public disclosure provision, adopting a substantial similarity test.

    Glaser v. Wound Care Consultants, Inc. · Seventh Circuit · filed

    Accordingly, we overrule the interpretation adopted in Bank of Farmington and Caremark and hold that an FCA relator’s complaint is “based upon” publicly disclosed allegations or transactions when the allegations in the relator’s complaint are substantially similar to allegations already in the public domain.
    Read the full opinion on CourtListener →

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