Legal Opinion

United States ex rel. Garcia v. Novartis AG

District Court, D. Massachusetts

Decided March 17, 2015No. Civil Action Nos. 06-10465-WGY, 10-11728-WGY, 12-10962-WGYPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

In these qui tam actions, two former employees of Genentech, Inc. and a former employee of Novartis Pharmaceuticals Corporation brought lawsuits against their former employers alleging unlawful and fraudulent practices in the marketing of a drug called Xolair, in violation of the federal False Claims Act (“FCA”) and individual states’ qui tam statutes. Relators Frank Garcia (“Garcia”) and Allison Kelly (“Kelly”) (collectively, the “Relators”), as well as a third relator, Stephen Fauci (“Fauci”), filed complaints in the name of the…

2Cases cited42 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
  3. Rockwell International Corp. v. United StatesSupreme Court of the United States · 2007
  4. Rodriguez-Bruno v. Doral MortgageCourt of Appeals for the First Circuit · 1995
  5. Trans-Spec Truck Service, Inc. v. Caterpillar Inc.Court of Appeals for the First Circuit · 2008

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3Cited by2 opinions

  1. United States Ex. Rel. Kelly v. Novartis Pharmaceuticals Corp.Court of Appeals for the First Circuit · 2016
  2. USA, ex rel. Solano v. Barton Associates, Inc.Court of Appeals for the First Circuit · 2026

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