Legal Opinion

United States Ex Rel. Gadbois v. PharMerica Corp.

Court of Appeals for the First Circuit

Decided December 16, 2015No. 14-2164PPublishedCited by 155 opinions

1Opinion of the Court

SELYA, Circuit Judge.

In this qui tam action, the district court dismissed the claims of the relator, Robert Gadbois, for lack of subject matter jurisdiction. While his appeal of that order was pending, subsequent events coalesced to dissolve the jurisdictional impediment to the relator’s action. He responded to this development by broadening his appeal to include the possibility of supplementing his pleadings. We conclude, as a matter of first impression in this court, that Federal Rule of Civil Procedure 15(d) is available to cure most kinds of defects in subject matter jurisdiction. For…

2Cases cited35 opinions

  1. Mathews v. DiazSupreme Court of the United States · 1976
  2. Griffin v. School Bd. of Prince Edward Cty.Supreme Court of the United States · 1964
  3. Hayburn's CaseSupreme Court of the United States · 1792
  4. Palmer v. Champion MortgageCourt of Appeals for the First Circuit · 2006
  5. Mary C. Quaratino v. Tiffany & Co., Michael Eiring, and David WrightCourt of Appeals for the Second Circuit · 1995

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3Cited by155 opinions

  1. Kareem Garrett v. Wexford HealthCourt of Appeals for the Third Circuit · 2019
  2. United States ex rel. Carter v. Halliburton Co.Court of Appeals for the Fourth Circuit · 2017
  3. United States ex rel. Wood v. Allergan, Inc.Court of Appeals for the Second Circuit · 2018
  4. United States Ex. Rel. Kelly v. Novartis Pharmaceuticals Corp.Court of Appeals for the First Circuit · 2016
  5. Martin Scahill & HRH Servs. LLC v. Dist. of ColumbiaCourt of Appeals for the D.C. Circuit · 2018

150 more not listed; retrieve them via the Exa API.

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