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EpiPen Ruling Could Embolden Private Anti-Kickback Claims

by scceu0458

Law360 (March 1, 2021, 6:18 PM EST) — Earlier this year, the U.S. District Court for the District of Minnesota approved a new liability theory that would effectively create a private right of action for violations of the federal Anti-Kickback Statute.

The decision, In re: EpiPen Direct Purchaser Litigation, allowed private litigants to bring a lawsuit asserting violations of the AKS, using the Racketeering Influenced and Corrupt Organizations Act and Travel Act as vehicles.[1]

This theory allows private plaintiffs to sue competitors, suppliers or others for treble damages and attorney fees, if they can prove they were injured by the defendants’ AKS violation, and can satisfy the other elements of a…

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