Legal Opinion
United States Ex Rel. Duxbury v. Ortho Biotech Products, L.P.
Court of Appeals for the First Circuit
Decided August 12, 2009No. 08-1409PublishedCited by 129 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
This appeal concerns the qui tam provisions of the False Claims Act (the “FCA”), 31 U.S.C. § 3730, which allow whistleblowers (called “relators”) to bring certain fraud claims on behalf of the United States. 1 The relators in this case, the plaintiffs-appellants Mark Duxbury and Dean McClellan (together, the “Relators”), alleged that defendant-appellee Ortho Bio-tech Products, L.P. (“OBP”) violated the FCA in unlawfully promoting the sale of its drug Procrit. The district court dismissed all of the Relators’ claims, and this appeal followed. After careful…
2Cases cited30 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Smith v. United StatesSupreme Court of the United States · 1993
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3Cited by129 opinions
- United States Ex Rel. Nathan v. Takeda Pharmaceuticals North America, Inc.Court of Appeals for the Fourth Circuit · 2013
- Thomas Foglia v. Renal Ventures ManagementCourt of Appeals for the Third Circuit · 2014
- United States Ex Rel. Hutcheson v. Blackstone Medical, Inc.Court of Appeals for the First Circuit · 2011
- United States Ex Rel. Chorches v. American Medical Response, Inc.Court of Appeals for the Second Circuit · 2017
- United States Ex Rel. Lemmon v. Envirocare of Utah, Inc.Court of Appeals for the Tenth Circuit · 2010
124 more not listed; retrieve them via the Exa API.