This just in: The Louisiana Supreme Court has reversed the $300 million+ state Medicare verdict in Caldwell v. Janssen Pharmaceutica, Inc., Nos. 2012-C-2447, -2466, slip op. (La. Jan. 28, 2014). The State Attorney General failed to prove any case under three different statutes – therefore judgment as a matter of law is appropriate. There could be no false claims without proof that the defendant did something wrong:
Having determined the legislature’s intended scope of [the Louisiana anti-fraud statute], we find the Attorney General failed to establish sufficient facts to prove a cause of action. . . . There was insufficient evidence adduced that any defendant engaged in fraud, misrepresentation, abuse or other ill practices seeking to obtain, pursuant to a claim made against the medical assistance program funds, payments to health care providers or other persons to which the health care providers or other persons were not entitled. Because we find the Attorney General failed to prove a violation . . ., we pretermit discussion of the remaining evidentiary and penalty issues. We hereby reverse the district court’s judgment in favor of the Attorney General, and render judgment in favor of the defendants.
Caldwell, slip op. 21-22. More later after we’ve had time to digest this.