Legal Opinion
United States of America, Exrel., Insoon Lee v. Smithkline Beecham, Inc. Smithkline Beecham Clinical Laboratories Does 1-100
Court of Appeals for the Ninth Circuit
Decided April 2, 2001No. 98-56557PublishedCited by 223 opinions
1Opinion of the Court
RONALD M. GOULD, Circuit Judge:
Insoon Lee (“Lee”) appeals a judgment and order dismissing the qui tam action that he brought under the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733, against SmithKline Beecham, Inc. (“SmithKline”). We affirm the district court’s determination that Lee failed to satisfy the heightened pleading requirements of Federal Rule of Civil Procedure 9(b). However, we reverse the district court’s decision to dismiss Lee’s case with prejudice because we conclude that Lee should have been granted leave to amend his federal FCA and federal “whistleblower” retaliation…
2Cases cited15 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
- William George Bonin v. Arthur Calderon, as Warden of San Quentin State Prison James Rowland, Director of the California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1995
- Howard Wool v. Tandem Computers Incorporated, Robert C. Marshall, Henry v. Morgan, and James G. TreybigCourt of Appeals for the Ninth Circuit · 1987
- Cooper v. PickettCourt of Appeals for the Ninth Circuit · 1997
10 more not listed; retrieve them via the Exa API.
3Cited by223 opinions
- Cafasso v. General Dynamics C4 Systems, Inc.Court of Appeals for the Ninth Circuit · 2011
- Mendiondo v. Centinela Hospital Medical CenterCourt of Appeals for the Ninth Circuit · 2008
- Vess v. Ciba-Geigy Corp. USACourt of Appeals for the Ninth Circuit · 2003
- Vess v. Ciba-Geigy Corp. USACourt of Appeals for the Ninth Circuit · 2003
- Sanford v. MemberWorks, Inc.Court of Appeals for the Ninth Circuit · 2010
218 more not listed; retrieve them via the Exa API.