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Commentary by Jason S. Kanterman

The U.S. Supreme Court agreed to consider a pair of whistleblower-initiated False Claims Act cases accusing two pharmacy operators of billing Medicare and Medicaid programs for prescription drugs at artificially high rates while charging non-governmentally insured customers lesser prices for those same drugs.

In Axon Enterprise v. Federal Trade Commission, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of an action by Axon Enterprises, Inc., arguing that the FTC's administrative enforcement process violated Axon's constitutional rights.