Legal Opinion
US ex rel. Wilson v. Bristol-Myers Squibb
Court of Appeals for the First Circuit
Decided April 30, 2014No. 13-1948PublishedCited by 35 opinions
1Opinion of the Court
LYNCH, Chief Judge.
This appeal primarily involves the scope of the first-to-file rule of the federal False Claims Act (“FCA”), 31 U.S.C. § 3730(b)(5), and the application of the “essential facts” test to determine whether a later-filed complaint is barred by earlier-filed complaints under this provision. See United States ex rel. Duxbury v. Ortho Biotech Prods., L.P., 579 F.3d 13, 32-33 (1st Cir.2009).
Relator Michael A. Wilson, a former Bristol-Myers Squibb, Co. (“BMS”) sales representative, alleged that BMS and SanofíAventis U.S., LLC (“Sanofi”) unlawfully promoted Plavix for off-label uses,…
2Cases cited23 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Palmer v. Champion MortgageCourt of Appeals for the First Circuit · 2006
- Allison Engine Co. v. United States Ex Rel. SandersSupreme Court of the United States · 2008
- United States Ex Rel. Hutcheson v. Blackstone Medical, Inc.Court of Appeals for the First Circuit · 2011
- Joseph J. Hayes v. New England Millwork Distributors, Inc.Court of Appeals for the First Circuit · 1979
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Sidney Hillman Health Center o v. Abbott Laboratories, IncorporaCourt of Appeals for the Seventh Circuit · 2015
- United States Ex Rel. Gadbois v. PharMerica Corp.Court of Appeals for the First Circuit · 2015
- Hagerty Ex Rel. United States v. Cyberonics, Inc.Court of Appeals for the First Circuit · 2016
- United States ex rel. Carson v. Manor Care, Inc.Court of Appeals for the Fourth Circuit · 2017
- United States ex rel. Wood v. Allergan, Inc.Court of Appeals for the Second Circuit · 2018
30 more not listed; retrieve them via the Exa API.