The Alabama Supreme Court denied our request for a rehearing in the state’s Medicaid fraud lawsuits. The Court again ignored the state’s request for oral argument and ruled for the drug companies without issuing an opinion. Fortunately, the state has been able to settle with a number of drug companies. Also, the state will continue with the remaining cases on a theory of liability other than fraud. Media reports that the Court had found “no fraud” were incorrect. The companies were guilty of fraud, but the Court said – contrary to the trial evidence – that the state knew it was being cheated, which is most difficult to understand. We still have a number of cases pending in Alabama and plan to go forward with them.
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