Legal Opinion
State ex rel. Balderas v. Bristol-Myers Squibb
New Mexico Court of Appeals
Decided October 24, 2018No. A-1-CA-36906PublishedCited by 3 opinions
1Opinion of the Court
VANZI, Chief Judge.
*726 {1} In this interlocutory appeal, we consider whether a federal district court's dismissal of qui tam claims for failure to state a claim bars the State from pursuing different claims arising from similar facts, where the State had not intervened in the qui tam action. We conclude that it does not and, therefore, affirm the denial of Defendants' motion to dismiss.
BACKGROUND
Qui Tam Actions
{2} In order to situate the facts leading to this appeal, we begin with an overview of qui tam actions generally and the relevant statutes that establish and govern them. "In a 'qui tam…
2Cases cited22 opinions
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Universal Health Services, Inc. v. United States ex rel. EscobarSupreme Court of the United States · 2016
- United States ex rel. Eisenstein v. City of New YorkSupreme Court of the United States · 2009
- United States Ex Rel. Lusby v. Rolls-Royce Corp.Court of Appeals for the Seventh Circuit · 2009
- Carlos Urquilla-Diaz v. Kaplan UniversityCourt of Appeals for the Eleventh Circuit · 2015
17 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Morris v. Giant Four Corners, Inc.District Court, D. New Mexico · 2019
- Epstein v. BOKF, NADistrict Court, D. New Mexico · 2022
- State Ex Rel. Stalter v. NCO Fin. Sys., Inc.New Mexico Court of Appeals · 2026