Bloomberg Law
Jan. 23, 2023, 3:33 PM

Abbott Says Whistleblower Waived False Claims Intent Argument

Daniel Seiden
Daniel Seiden

Abbott Laboratories Inc., Arriva Medical LLC, and Alere Inc. urged the US Supreme Court not to reinstate a whistleblower’s suit alleging improper billing for diabetic testing supplies.

Troy Olhausen contends that an appeals court relied on an incorrect scienter standard when it rejected his False Claims Act suit. The complaint plausibly alleges that the defendants acted with knowledge that they were violating the law, he said in his petition challenging the ruling.

But Olhausen waived the ability to challenge this issue by not raising it at the district court or at the US Court of Appeals for the Eleventh ...