($NVS) has failed again to convince a federal judge to boot a Department of Justice kickbacks case against it that claims the drugmaker showered pharmacies with discounts and rebates to boost sales of two drugs.
U.S. District Judge Colleen McMahon of in May said the case would progress but gave one last chance to make a compelling argument that the government's civil litigation attempt fell short of the legal requirements. But according to , Judge McMahon on Thursday rejected Novartis' arguments that the 's case was based on a "potentially limitless" theory that any claims submitted by pharmacists who got the special benefits from Novartis could be included. It said the should have to prove that the alleged scheme was the actual motivator for pharmacists to sell the drugs involved.
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U.S. District Judge Colleen McMahon of in May said the case would progress but gave one last chance to make a compelling argument that the government's civil litigation attempt fell short of the legal requirements. But according to , Judge McMahon on Thursday rejected Novartis' arguments that the 's case was based on a "potentially limitless" theory that any claims submitted by pharmacists who got the special benefits from Novartis could be included. It said the should have to prove that the alleged scheme was the actual motivator for pharmacists to sell the drugs involved.
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