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January 29, 2021
On Thursday, the court issued a decision regarding a motion to set aside default judgment in the case brought by Roche Diagnostics Corporation and others against Priority Healthcare Corporation. The decision, filed in the Northern District of Alabama, was issued after the court had issued a default judgment as a part of the discovery sanction incurred by the defendants.
The defendants include several corporate entities owned and operated Konie and Phillip Minga and were set up to submit rebate adjudications to insurance companies and pharmacy benefit managers regarding the purchase of diabetic test strips manufactured by the plaintiff Roche Diagnostics. Roche’s original complaint stated that these submissions were fraudulent and included counts for fraud, negligent misrepresentation, unjust enrichment, and violations of the Racketeer Influenced Corrupt Organizations Act.