Legal Opinion
United States Ex Rel. Duxbury v. Ortho Biotech Products, L.P.
Court of Appeals for the First Circuit
Decided June 12, 2013No. 12-2141PublishedCited by 25 opinions
1Opinion of the Court
LYNCH, Chief Judge.
This is the second appeal to reach this court in the decade-long litigation of relator Mark Duxbury’s qui tarn action against defendant Ortho Biotech Products, L.P. (“OBP”) for alleged violations of the federal False Claims Acts (“FCA”), 31 U.S.C. §§ 3729-3733, arising from OBP’s marketing of the pharmaceutical drug Procrit. Following Mark Duxbury’s death in October 2009, the district court permitted his surviving spouse, Chinyelu Duxbury, to substitute herself as relator.
Duxbury’s amended complaint alleged three separate violations of the FCA arising from OBP’s efforts to…
2Cases cited25 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Thomasina Mack v. The Great Atlantic and Pacific Tea Company, Inc.Court of Appeals for the First Circuit · 1989
- Rockwell International Corp. v. United StatesSupreme Court of the United States · 2007
- Rodi v. Southern New England School of LawCourt of Appeals for the First Circuit · 2004
- 71 Fair empl.prac.cas. (Bna) 1398, 35 fed.r.serv.3d 395 Miguel Angel Ayala-Gerena v. Bristol Myers-Squibb Company, D/B/A Bristol Myers-SquibbCourt of Appeals for the First Circuit · 1996
20 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States Ex Rel. Ge v. Takeda Pharmaceutical Co.Court of Appeals for the First Circuit · 2013
- USA, ex rel Brady Folliard v. Government AcquisitionsCourt of Appeals for the D.C. Circuit · 2014
- US ex rel. Wilson v. Bristol-Myers SquibbCourt of Appeals for the First Circuit · 2014
- United States ex rel. Hagerty v. Cyberonics, Inc.District Court, D. Massachusetts · 2015
- Efron v. UBS Financial Services Incorporated of Puerto RicoCourt of Appeals for the First Circuit · 2024
20 more not listed; retrieve them via the Exa API.