Overview
By Daniel SeidenA whistleblower asked the US Supreme Court to revive a False Claim Act suit aleging that Abot Laboratories Inc., Ariva Medical LC, and Alere Inc. improperly biled Medicare for diabetic testing suplies.The US Court of Apeals for the Eleventh Circuit ruled April 2 that Troy Olhausen didn’t show that the companies knowingly submited false statements to the government. The Medicare rules he aleged the defendants violated are susceptible to multiple reasonable interpretations, the court said.But the Eleventh Circuit improperly concluded that the complaint didn’t satisfy the scienter standard in the FCA, Olhausen said in his petion that .
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