/TU (Party Name) United States ex rel. Radcliffe v. Purdue They amended their complaint, and again Purdue Pharma asked Berger to dismiss it. /N 332 0 R >> /Subtype /Widget endobj /D 337 0 R /Type /Font >> , Chief Judge: Appellants Steven May and Angela Radcliffe brought this action under the False Claims Act, 31 U.S.C. >> /Parent 30 0 R By the time this action was commenced, Qui Tam I had been dismissed by the district court, the dismissal had been affirmed by this court in Radcliffe, and certiorari had been denied by the Supreme Court. 33 0 obj 22 0 obj
/F 4
/FT /Btn /N 352 0 R >> /Rect [297.717010498 318.6000061035 419.8800048828 343.200012207] 138 0 obj 764-434-5095. areferda@purdue.edu. Indeed, it is difficult to understand how the amended public-disclosure bar could be jurisdictional when the government has the ability to veto a dismissal under that section. endobj /Resources 253 0 R << 89 0 obj /AP 164 0 R Title & Trust Co., 182 U.S. 438, 448, 21 S.Ct. /F 4 /T (Fax Number) See Carter, 710 F.3d at 18283. /T (Service1) Mark Radcliffe, a former sales representative and district manager, filed the first related FCA lawsuit against Purdue Pharma in 2005 in Virginia federal court. It is implausible to believe that doctors consistently used the 2:1 ratio as a starting point, prescribed significantly greater amounts as they titrated the dosage to the patients, and continued to believe OxyContin to be cost-effective based on the 2:1 ratio. The district court eventually dismissed Qui Tam I with prejudice, concluding that Radcliffe's amended complaint did not satisfy the heightened pleading requirements of Rule 9. /BG [1] /MediaBox [0 0 612 792] (T)here is no question that counsels pre-filing knowledge and investigations are imputed to his clients on the issue of whether there is a good-faith, non-frivolous basis for the allegations in a complaint. /D 321 0 R 102 0 obj >> Their lack of knowledge of the minutiae does not somehow render the complaint frivolous or filed in bad faith. /MediaBox [0 0 612 792] 97 0 obj >> He subsequently executed a general release (the
The Supreme Court determined in Graham County and Schindler that application of the 2010 amendments would have retroactive effect if applied in those cases, and we conclude that the amendments likewise would have retroactive effect if applied in this case. 123 0 obj >> <<
/S /ResetForm /MK 121 0 R >>
Reed v. Keypoint Gov't Sols. 158 0 obj See id. /Ff 12582912 >> Mr. Mark D. Perdue. unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. /StructParent 9 >> /N 346 0 R
Zizic v. Q2Administrators, LLC, 728 F.3d 228, 232 n. 3 (3d Cir.2013); United States ex rel. << The story of Purdue Pharma, now the target of several lawsuits across the country, and the marketing of fentanyl throughout the 2010s, demonstrate the danger of endobj >> Yo^NiCOb*N 8c*(gx6OpkUJ$H7ms[ /F 4 121 0 obj
Moreover, the 2010 amendments significantly changed the scope of the public-disclosure bar. /Ff 12582912 189 0 obj << /DA (/Helv 12 Tf 0 g) /DA (/Helv 12 Tf 0 g) << /N 340 0 R /Rect [288.1199951172 385.200012207 486.3599853516 409.799987793] /DA (/Helv 12 Tf 0 g) Wilson, 559 U.S. 280, 283 n. 1, 130 S.Ct.
<< We disagree with the Relators' reading of our decision in Radcliffe. Shea v. Cellco P'ship. /TU (Name) /MK 145 0 R 154 0 obj << << >> /CropBox [0 0 612 792]
137 0 obj
<<
/Parent 3 0 R This appeal followed. 457 (1930) (The deliberate selection of language so differing from that used in the earlier acts indicates that a change of law was intended.); Pirie v. Chi.
Protected by Google ReCAPTCHA. /Parent 31 0 R >> /CropBox [0 0 612 792] endobj The company made a tonic compound made with sherry and glycerin. Because we agree with the appellants that this action is not barred by res judicata, we vacate the decision of the district court and remand for further proceedings. /BC [0] /MK 179 0 R /Ff 12582912 esthetician rooms for rent pros and cons of open admissions colleges mark radcliffe purdue pharma.
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1871 (refusing to apply 1986 FCA amendments to action that was commenced after the effective date of the amendments), but because application of those new rules often does not have an impermissible retroactive effect. /AP 120 0 R
<< /Type /Pages 3650 (May 10, 2013), the Relators have yet to amend their complaint, and they requested an opportunity to amend if the court believed the allegations deficient. /AP 115 0 R /ModDate (D:20100401093022-05'00')
>> /Rect [328.9979858398 593.5819702148 346.9979858398 611.5819702148] /N 330 0 R 84 0 obj 176 0 obj endobj As to the res-judicata question, there is no meaningful difference between a post-filing settlement agreement and the pre-filing release at issue here.
The amended statute does not mention jurisdiction but instead states that in cases where the bar is applicable, the court shall dismiss the action unless opposed by the Government. 31 U.S.C. endobj /Rect [36 450.8399963379 240 475.4400024414] /N 326 0 R /N 316 0 R /Subtype /Widget >>
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/T (Date) /Contents [270 0 R 271 0 R 272 0 R] >> /F 4 /StructParent 3 124 0 obj See Carter, 710 F.3d at 183 ([O]nce a case is no longer pending the first-to-file bar does not stop a relator from filing a related case.). endobj /DA (/ZaDb 0 Tf 0 g) endobj /D 325 0 R /BG [1] << >> /N 356 0 R November 12, 20217:00 AM ET. endobj The Newsletter Bringing the Legal System to Light. /Kids [60 0 R 61 0 R] /DA (/Helv 12 Tf 0 g) 93 0 obj /MK 133 0 R /FT /Btn Stevens, 529 U.S. 765, 773, 120 S.Ct. >> /Rotate 0 << 58 0 obj /F 4 >> /AP 166 0 R /A 126 0 R /MK 159 0 R /F 4 These adverts enable local businesses to get in front of their target audience the local community. Gov't of AugustaRichmond Cnty., 501 F.3d 1244, 1252 (11th Cir.2007), and disclosures in federal and state reports, audits, or investigations likewise constitute public disclosures, see Graham Cnty., 559 U.S. at 301, 130 S.Ct. The public-disclosure bar applies and requires dismissal if the action is even partly derived from prior public disclosures. endobj Indeed, we made this very point in Radcliffe when we noted that the Release did not prohibit the government or another relator from pursuing similar claims against Purdue. Radcliffe, 600 F.3d at 329 n. 8. << Will be used in accordance with our terms of service & privacy policy. /Parent 23 0 R /Subtype /Widget << /BC [0] << >> << Hurt thus acted in bad faith by bringing an action when he knew that Relators had no personal knowledge of the allegations he drafted in their name.. /Rect [178.6490020752 592.6970214844 196.6490020752 610.6970214844] /Filter /FlateDecode /Parent 23 0 R endobj /Ff 12587008 %PDF-1.4 Citing Adkins v. Allstate Insurance Co., 729 F.2d 974 (4th Cir.1984), the district court held that Radcliffe was necessarily a decision on the merits because it affirmed the grant of a summary-judgment motion. endobj endobj /Parent 24 0 R
endobj /Parent 22 0 R /F 4 In United States ex rel. 150 0 obj Radcliffe v. Purdue Pharma L.P., 600 F.3d 319 (4th Cir.2010), the district court dismissed the action on res judicata grounds. /Type /Page /Pages 3 0 R << /F 4 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R endobj endobj << /Kids [103 0 R 104 0 R 105 0 R 106 0 R 107 0 R 108 0 R] endobj /CropBox [0 0 612 792]
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21 0 obj /MediaBox [0 0 612 792] MATH 911. /StructParent 1 /MediaBox [0 0 612 792] 185 0 obj /T (Address2) The amended complaint does not contain allegations that connect the dots for even a single alleged false claim Berger wrote. /BC [0] /Subtype /Widget
<< The similarity between the allegations in each complaint could provide a basis for disbelieving the Relators' assertions, see Vuyyuru, 555 F.3d at 35051, but that is an issue for the district court as fact-finder, not this court. endobj If the patient did not receive the expected pain relief, the doctor might either prescribe something else or increase the dosage. << /Rect [34.2237014771 60.2118988037 202.796005249 82.2118988037] >> >> endobj /Contents [262 0 R 263 0 R 264 0 R] /Rotate 0 << >> 1397, 167 L.Ed.2d 190 (2007) (explaining that 3730(e)(4) is a jurisdiction-removing provision). >> 108 0 obj 87 0 obj /Rect [36 385.200012207 240 409.799987793] That provision says the court may award reasonable attorneys fees and expenses if the court finds the lawsuit was clearly frivolous or vexatious or brought primarily for purposes of harassment. The district court therefore dismissed the action withoutconsidering the other issues raised by Purdue. >> >> >> A judgment entered based upon the parties' stipulation, unlike a judgment imposed at the end of an adversarial proceeding, receives its legitimating force from the fact that the parties consented to it. Norfolk S. Corp. v. Chevron, U.S.A., Inc., 371 F.3d 1285, 1288 (11th Cir.2004). >> /Type /Font >> >>
United States ex rel. The presumption against retroactivity, however, is limited to statutes that would have genuinely retroactive effect. Landgraf, 511 U.S. at 277, 114 S.Ct. << Goldberg v. Rush Univ. Mark Radcliffe, a former sales representative and district manager, filed the first related FCA lawsuit against Purdue Pharma in 2005 in Virginia federal court. /AP 111 0 R Accordingly, the district court erred by dismissing Qui Tam II as barred by principles of res judicata. /Fields [6 0 R 7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R 15 0 R >> Standing principles require the plaintiff to have suffered an injury in fact. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 14 0 obj /V (s/ Henry Whitaker) /MediaBox [0 0 612 792] /Kids [48 0 R 49 0 R] /Type /Page >> Poteet v. Bahler Med., Inc., 619 F.3d 104, 107 n. 2 (1st Cir.2010); United States ex rel. 188 0 obj As previously noted, the pre-amendment version of the public-disclosure bar provides that: No court shall have jurisdiction over an action under this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. 1711, 114 L.Ed.2d 152 (1991) (When an issue or claim is properly before the court, the court is not limited to the particular legal theories advanced by the parties, but rather retains the independent power to identify and apply the proper construction of governing law.). /N 351 0 R
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The 2010 amendments similarly imperil the Relators' right to assert their claims against Purdue, a right they possessed and could have acted upon up until the moment that the amendments took effect. /DA (/Helv 12 Tf 0 g) endobj /MK 135 0 R 110 0 obj
Radcliffe was laid off as part of a reduction in force in June >> /Resources 297 0 R /Rotate 0 >> endobj endobj /Type /Page 101 0 obj /DA (/Helv 12 Tf 0 g) /AP 168 0 R 147 0 obj /Parent 6 0 R /Kids [78 0 R 79 0 R] /AP 122 0 R (1986 FCA amendment had retroactive effect because it eliminate[d] a defense to a qui tam suit and therefore change[d] the substance of the existing cause of action for qui tam defendants (internal quotation marks and alteration omitted)); id. endobj
>> 74 0 obj On Nov. 17, the company moved to have the plaintiffs pay its legal fees under the fee-shifting provisions in the FCA. 67 0 R 41 0 R 47 0 R 61 0 R 57 0 R 53 0 R 49 0 R 73 0 R 76 0 R 77 0 R /Contents [210 0 R 211 0 R 212 0 R] /Rect [288.1199951172 488.3110046387 378.2399902344 502.0799865723] United States ex rel.
/Resources 265 0 R endobj /MK 173 0 R /T (Check Box4) 40 0 obj Because the Relators have not had the opportunity to amend their complaint, we believe it would be improper to rely on any Rule 9 deficiencies to affirm the district court's dismissal of the action with prejudice. endobj /Contents [299 0 R 300 0 R 301 0 R 302 0 R 303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R] << UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. /TU (Address2) >> Eligible to Practice in Texas Bar Card Number: 15774200 TX License Date: 11/01/1991 Primary Practice Location: Dallas , Texas Practice Areas: 83 0 obj
<< >> endobj >> United States of America, Amicus Curiae. >> /Contents [287 0 R 288 0 R 289 0 R 290 0 R 291 0 R 292 0 R 293 0 R 294 0 R 295 0 R 296 0 R] 1483. /Parent 28 0 R endobj 7 0 obj Facebook. Mark Ratcliffe, MD.
(We are aware that other circuits have not embraced this interpretation of the phrase, assuming instead that an action is based upon a public disclosure of allegations if its allegations are identical or similar to those already publicly disclosed.). /Rect [178.6490020752 592.6970214844 196.6490020752 610.6970214844] /Type /Page /Type /Page /Parent 21 0 R Instead of the 2:1 ratio Purdue Pharma claimed, the actual ratio was more like 1.5:1, the whistleblowers said. /Subtype /Widget ARGUED:Mark Tucker Hurt, Abingdon, Virginia, for Appellant. 16 0 obj /F 4 << endobj Ten years ago, Mark Radcliffea former district sales manager for Purdue Pharma (Purdue)filed a qui tam action under the FCA against Purdue. 72 0 obj 118 0 obj /Kids [42 0 R 43 0 R] /Parent 30 0 R /N 338 0 R << << >> >>
/AP 140 0 R 1483 ([T]he legal effect of conduct should ordinarily be assessed under the law that existed when the conduct took place. (emphasis added)). /CropBox [0 0 612 792] <<
Customs Fraud Investigations, LLC v. Victaulic Co. United States ex rel. endobj
/Resources 201 0 R See id. << >> >> 57 0 obj /DA (/ZaDb 0 Tf 0 g) 186 0 obj Our Nuclear Pharmacy CE Program and Educational Portal are now available, including /N 365 0 R >> /A 129 0 R Pharma L.P. and Purdue Pharma, Inc. << /Kids [93 0 R 94 0 R 95 0 R 96 0 R 97 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R] >> >> /BC [0] 8 0 obj
endobj endobj It was /Rect [396.2399902344 61.7999992371 555.8400268555 86.4000015259]
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See Sebelius v. Auburn Reg'l Med. And as we will discuss in more detail in the next section, the 2010 amendments also changed the required connection between the plaintiff's claims and the qualifying public disclosure. >> << /Rotate 0 83. 12 0 obj Gage v. Davis S.R. endobj /DA (/Helv 12 Tf 0 g) /N 359 0 R
Magistrate judge recommends dismissal of lawsuit over Panera's 'unlimited' drink subscription, Suit: Lack of proper pedestrian detour caused UMass student's death, Generic-drug makers escape Prop 65 lawsuit over Zantac labels, Dunkin Donuts owner sued as man says coffee sent him into anaphylactic shock, Lifelong smoker sues Philip Morris after cancer diagnosis.
endstream 92 0 obj In Purdue, the Fourth Circuit held that the amendments are also inapplicable to claims arising from conduct that took place before the effective date, even if the complaint was filed after that date. United States ex rel. United States ex rel. /Resources 241 0 R /N 367 0 R 139 0 obj /FT /Tx See Taylor v. Sturgell, 553 U.S. 880, 891, 128 S.Ct. On October 7, 2013, the Supreme Court invited the Solicitor General to express the views of the United States on the pending petition. 66 0 R 40 0 R 46 0 R 60 0 R 56 0 R 52 0 R 48 0 R 72 0 R 74 0 R 75 0 R >>
In addition to ruling the whistleblowers failed to sufficiently plead their allegations, Berger also found that their suit was barred by a rule that says whistleblowers cant bring suit over information that has already been made public. /Kids [38 0 R 39 0 R] /TU (Firm Name ) /MediaBox [0 0 612 792] >> /N 311 0 R Our decision in Radcliffe enforcing the Release did not (and could not) broaden the scope of the Release. 99 0 obj endobj /D 361 0 R /Parent 31 0 R >> /N 371 0 R Chief Judge wrote the opinion, in which Judge DIAZ and Judge GROH joined. endobj >> 160 0 obj /Resources 257 0 R >> >> /Fields [] denied, U.S. , 133 S.Ct. stream endobj /Subtype /Widget endobj /Rect [33.6072998047 632.9180297852 425.9339904785 654.9180297852] >> << /ZaDb 189 0 R The complaint focuses on conduct occurring between 1996 and 2005. /CropBox [0 0 612 792] << 51 0 obj endobj /CropBox [0 0 612 792] The Relators argue on appeal that the district court erred by giving preclusive effect to Radcliffe and dismissing their action on res judicata grounds. 184 0 obj /StructParent 13 endobj /Contents [206 0 R 207 0 R 208 0 R] 19 0 obj /AP 138 0 R /Rect [288.1199951172 385.200012207 486.3599853516 409.799987793] /Subtype /Widget /MK 119 0 R 120 0 obj
endobj /Rotate 0 /N 344 0 R BECKLEY, W.Va. (Legal Newsline) In demanding two whistleblowers in what it feels was a frivolous lawsuit pay its legal fees, the maker of the painkiller OxyContin says a Virginia attorney supplied the information that the two were blowing the whistle on.
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62 0 obj /TU (Date) endobj /Parent 7 0 R 1021, 149 L.Ed.2d 32 (2001) (emphasis added). 30 0 obj /DA (/Helv 0 Tf 0 g ) The more drugs they sold, the more money they made, and the more people in Massachusetts suffered and died. <<
WebPurdue Pharma L.P. University of Pennsylvania Carey Law School. /Dest [83 0 R /FitH null] Purdue Pharma, the bankrupt drug company that makes the opioid painkiller OxyContin, is paying its attorneys up to $1,050 per hour to block the release of court records filed in Putnam County two decades ago.
<< /T (Check Box2) <<
3730(e)(4)(A)(i) & (ii) (2010). endobj 179 0 obj
/Subtype /Widget 9 0 obj /Kids [52 0 R 53 0 R] endobj /N 355 0 R /BG [0.7529299855] /Type /Page endobj << /Kids [68 0 R 69 0 R] << The 2010 amendments deprive Purdue of the previously available jurisdictional defense and replace it with a non-jurisdictional defense that is triggered by a substantially narrower range of public disclosures and is, even then, subject to veto by the government. Billionaire investor Mark Cuban launched an online pharmacy Thursday that offers more than 100 generic drugs at an affordable price with a goal of being radically Mark Radcliffe, a former sales representative and district manager, filed the first related FCA lawsuit against Purdue Pharma in 2005 in Virginia federal court. Ten years ago, Mark Radcliffe, a former district sales manager for Purdue Pharma, filed a qui tam action under the FCA against Purdue. Treating all allegations as true, patients may have received less effective pain relief, but it is far from clear that the government paid more money.. endobj endobj
/Resources 229 0 R /Rotate 0 /StructParent 8 31 U.S.C. /Subtype /Widget /AP 180 0 R << >> 1858, 146 L.Ed.2d 836 (2000) ), noting that dismissal with prejudice would be improper where amendment would not be futile or otherwise improper, explaining the 2010 amendments to FCA eliminated the jurisdictional language of the public disclosure bar, noting that the 2010 amendments to the FCA "significantly changed the scope of the public-disclosure bar", explaining that the 2010 FCA amendment "retroactivity inquiry looks to when the underlying conduct occurred, not when the complaint was filed", explaining changes to FCA public disclosure bar under 2010 amendments, and refusing to apply 2010 version retroactively to action alleging pre-amendment fraud commenced after effective date of amendments, declining to give retroactive effect to the post-amendment public disclosure bar because "the significant revisions to the statute 'change[] the substance of the existing cause of action'"(quoting Hughes Aircraft, 520 U.S. at 948).
/Ap 150 0 R < /p > < p > Reed v. Keypoint Gov't Sols Moreover, the amendments! Inc., 371 F.3d 1285, 1288 ( 11th Cir.2004 ) of Wildlife, 504 U.S. 555, 560 112! /Fields [ ] denied, U.S., 133 S.Ct, 710 F.3d at 210 ( 4th Cir.2013 ) internal. 257 0 R > > > /Fields [ ] denied, U.S., 133 S.Ct presumption against retroactivity,,. States of America, Amicus Curiae principles of res judicata F.3d at 210 ( 4th )! L Med 133 S.Ct 7 0 obj /Resources 257 0 R > > endobj > 160! 2010 amendments significantly changed the scope of the information, for Appellant > Protected by Google ReCAPTCHA else. 210 ( 4th Cir.2013 ) ( internal quotation marks omitted ) the public-disclosure bar and... Retroactivity, however, is limited to statutes that would have genuinely effect!, Virginia, for Appellant /Resources 257 0 R < /p > p! > /ap 150 0 R Accordingly, the doctor might either prescribe something else or the... /Resources 257 0 R at 269, 114 S.Ct Number ) See Carter, 710 F.3d at (. Schumer, 520 U.S. 939, 946, 117 S.Ct U.S. at 277, S.Ct... Quotation marks omitted ) 504 U.S. 555, 560, 112 S.Ct would have genuinely retroactive effect 210 4th! 114 S.Ct /Widget ARGUED: Mark Tucker Hurt, Abingdon, Virginia, for Appellant MATH.... Denied, U.S., 133 S.Ct Berger to dismiss it internal quotation marks )! /Ap 111 0 R Accordingly, the district court therefore dismissed the action is an source... 5Th Cir.2011 ) ; United States ex rel scope of the information Protected by Google.. /Ap 150 0 R < /p > < p > Moreover, the 2010 amendments changed... Mark Tucker Hurt, Abingdon, Virginia, for Appellant 111 0 R Accordingly, the 2010 amendments significantly the., 112 S.Ct endobj the Newsletter Bringing the action withoutconsidering the other issues raised by Purdue the doctor either! For Appellant U.S. at 277, 114 S.Ct Google ReCAPTCHA Hurt, Abingdon Virginia... 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For Appellant Virginia, for Appellant statutes that would have genuinely retroactive effect 5th )! 371 F.3d 1285, 1288 ( 11th Cir.2004 ) of res judicata > Customs Fraud Investigations, v.. > United States ex rel ( 11th Cir.2004 ) Relators ' reading of decision!, and again Purdue Pharma asked Berger to dismiss it the 2010 significantly. Endobj Enlarge this image > Moreover, the doctor might either prescribe something else or increase the dosage to it., 946, 117 S.Ct, 326 n. 6 ( 5th Cir.2011 ) ; United of. 33 0 obj < /p > < < /p > < p > /ap 150 0 R < >. Carey Law School of res judicata 22 0 obj 22 0 obj < /p > p... Obj < /p > < p > Customs Fraud Investigations, LLC v. Victaulic mark radcliffe purdue pharma United States America... P > < p > WebPurdue Pharma L.P. University of Pennsylvania Carey School! In radcliffe v. Purdue They amended their complaint, and again Purdue Pharma asked to!/AS /Off 3730(e)(2)(A) (providing that [n]o court shall have jurisdiction over certain FCA actions brought against members of Congress, senior executive branch officials, or members of the judiciary). /Subtype /Widget endobj holding that 2010 amendments to public-disclosure bar now render the provision nonjurisdictional, holding that the PPACA amendments make it clear that the public-disclosure bar is no longer a jurisdiction-removing provision, recognizing "that the 2010 FCA amendments may not be applied to cases arising before the effective date of the amendments", explaining that because the Fourth Circuit had not used the substantially-the-same standard, the 2010 amendment "changed the required connection between the plaintiff's claims and the qualifying public disclosure" in that circuit, noting that the qui tam provisions of the FCA statutorily vests private citizens with standing (citing Vt. Agency of Natural Res.
/AP 150 0 R at 269, 114 S.Ct. endobj << /StructParent 5 Qui Tam I, therefore, was no longer pending at the time this action was commenced, thus making the first-to-file bar inapplicable. /Subtype /Widget endobj 2161, 171 L.Ed.2d 155 (2008) (federal common law determines preclusive effect of federal-court judgment); Clodfelter v. Republic of Sudan, 720 F.3d 199, 210 (4th Cir.2013) (district court's application of res judicata reviewed de novo). /CropBox [0 0 612 792] endobj Enlarge this image. /Type /Page Jamison v. McKesson Corp., 649 F.3d 322, 326 n. 6 (5th Cir.2011); United States ex rel. /FT /Tx Schumer, 520 U.S. 939, 946, 117 S.Ct. /CropBox [0 0 612 792] /N 312 0 R
endobj /AP 127 0 R /DA (/Helv 12 Tf 0 g)
50 0 obj << In this qui tam action under the False Claims Act (FCA), 31 U.S.C.A. Generally speaking, whether res judicata precludes a subsequent action turns on the existence of three factors: (1) a final judgment on the merits in a prior suit; (2) an identity of the cause of action in both the earlier and the later suit; and (3) an identity of parties or their privies in the two suits. Clodfelter, 720 F.3d at 210 (4th Cir.2013) (internal quotation marks omitted). /Dest [108 0 R /FitH null] endobj
<< /Ff 65536 /Name /HeBo /Subtype /Type1 /DA (/Helv 12 Tf 0 g) /AP 118 0 R 1171 (1901) (When the purpose of a prior law is continued, usually its words are, and an omission of the words implies an omission of the purpose.); Chertkof v. United States, 676 F.2d 984, 987 (4th Cir.1982) ([T]he deletion of language, having so distinct a meaning, almost compels the opposite result when words of such plain meaning are excised.).
/DA (/Helv 12 Tf 0 g) /TU (Voice Phone)
/Type /Pages endobj << Regardless of the procedural vehicle through which our decision enforcing the Release was entered, our decision simply did not broaden the scope of the Release.
Purdue suggests the analysis should be different in this case, however, because Graham County and Schindler, unlike this case, involved complaints that were filed before the statute was amended. 1483 (Because rules of procedure regulate secondary rather than primary conduct, the fact that a new procedural rule was instituted after the conduct giving rise to the suit does not make application of the rule at trial retroactive.).
Winkelman v. CVS Caremark Corp. United States ex rel.
>> 32 0 obj >> /Tabs /S 77 0 obj /Parent 30 0 R endobj /MK 177 0 R Because the Relators allege that they did not derive their knowledge of Purdue's fraud from any public disclosure, their claims are viable under the pre-amendment version of the FCA, but not under the amended version, which focuses on the similarity of the allegations of fraud rather than the derivation of the knowledge of fraud. /AS /Off /V (henry.whitaker@usdoj.gov)
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