Appeal from the United States District Court for
the Middle District of Tennessee at Nashville.
No. 3:13-cv-00870—William J. Haynes Jr., District Judge.
Decided and Filed: January 25, 2017
Before: SUHRHEINRICH, SUTTON, and MCKEAGUE, Circuit Judges.
SUTTON, Circuit Judge. Andrew Hirt, owner of Andy’s Pharmacies, alleges that
Walgreen Company distributed kickbacks to Medicare and Medicaid recipients when they
transferred their prescriptions to Walgreens. By sending these fraudulent insurance claims to the
government, Hirt maintains that Walgreens violated the False Claims Act, and he filed this qui
tam claim as a result. The district court rejected Hirt’s claim as a matter of law. Because Hirt
failed to state his claim with particularity, as Civil Rule 9(b) requires, we affirm.