The coalition amicus brief, filed jointly with Pharmaceutical Research and Manufacturers of America, urges the Fourth Circuit to hold that as a matter of law, a plaintiff cannot state a claim under the False Claims Act against a drug manufacturer that rests on the defendant’s objectively reasonable construction of an ambiguous statute; such a claim does not satisfy the falsity and scienter requirements of the Act.
John C. O'Quinn, Matthew S. Owen, Matthew D. Rowen, and Andrea R. Butler of Kirkland & Ellis LLP and the U.S. Chamber's Litigation Center served as co-counsel for the U.S. Chamber.
