Law360 (February 10, 2021, 8:37 PM EST) — An Illinois pharmacist is asking the Seventh Circuit to reinstate a False Claims Act suit against supermarket chain Safeway, saying there’s ample evidence the company knowingly overbilled federal and state health care programs for prescription drugs.

In a brief filed Tuesday, Thomas Proctor, who worked at Safeway, said a federal judge erred in dismissing the suit. Proctor said Safeway knew it was overbilling the government in the drug programs to make more money than it was entitled to, but the district judge ruled otherwise.

Finding that Safeway didn’t intentionally overbill the government effectively rewrites the False Claims Act, Proctor said….