United States ex rel. Rost v. Pfizer, Inc.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The First Circuit explained in United States ex rel. Gagne v. City of Worcester that Allison Engine forecloses a broad reading of Rost's requirement to identify claims presented to the government for claims under former False Claims Act subsections (a)(2) and (a)(3). Rost's public disclosure and fraud pleading rulings were not displaced by that holding.
41 later cases cite United States ex rel. Rost v. Pfizer, Inc.; 41 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. Rost v. Pfizer, Inc.?
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
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The Supreme Court rejected a requirement that a false record or statement be presented to the government for liability under former False Claims Act subsection (a)(2), displacing Rost's broader presentment language.
Allison Engine Co. v. United States ex rel. Sanders · Supreme Court of the United States · filed
What §3729(a)(2) demands is not proof that the defendant caused a false record or statement to be presented or submitted to the Government but that the defendant made a false record or statement for the purpose of getting “a false or fraudulent claim paid or approved by the Government.”
Read the full opinion on CourtListener →
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