McDermott Will & Schulte secures $80 billion summary judgment dismissal for CVS Health

Global law firm McDermott Will & Schulte secured a complete summary judgment victory for CVS Health in a high-profile False Claims Act qui tam litigation pending in the Eastern District of Pennsylvania.

The relator alleged that CVS’s Medicare Part D practices caused the government to incur more than $80 billion in damages and penalties. After years of intensive discovery, expert litigation, and motion practice, including successfully narrowing the case before summary judgment, the court dismissed every remaining claim and entered judgment for all CVS defendants. In a 39-page opinion, the court concluded that the relator had failed to present evidence that could permit a reasonable jury to find material fraud under the False Claims Act and granted summary judgment in its entirety.

The McDermott legal team was led by Jennifer Routh and Ted Diskant, with invaluable support from Cameron Rabon, Brigid McCarthy, DC Wolf, Jennifer Levengood, Rebecca Reese, Amanda Smith, Theresa Babendreier, Cece Chu, Matthew Gibson, and Kate McDonald.

The team worked with local counsel Mark Aronchick at Hangley Aronchick.