Affected Kenworthy Residents Organisation

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At the summary judgment phase, relators must produce “competent evidence” that the defendant’s conduct actually resulted in the submission of a false claim to a government program.
In the context of pharmaceutical promotion, it is not enough for relators to produce payment data reflecting the government’s aggregate spend for off-label prescriptions. To survive summary judgment, relators must provide evidence showing that the government reimbursed specific claims caused by the defendant’s promotional activities.
At the summary judgment phase, relators must produce “competent evidence” that the defendant’s conduct actually resulted in the submission of a false claim to a government program.

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