We just released Episode 39 of the False Claims Act Insights podcast where I discussed recent oral arguments in the Third Circuit appeal of the Janssen Products case with Husch Blackwell’s Abe Souza. Abe explains how the trial of this declined qui tam—in which the Justice Department declined to intervene—led to a split decision by the jury, siding with the defense on an Anti-Kickback Statute theory but for the whistleblower on an off-label marketing theory. This resulted in a $1.6 billion judgment against the pharmaceutical company.

Abe and I talk about how False Claims Act penalties can cause explosive verdicts in FCA cases, and how off-label marketing theories work as FCA predicates.