mark radcliffe purdue pharma
165 0 obj /Parent 21 0 R Purdue's arguments to the contrary are not persuasive. /F 4 In Purdue, the Fourth Circuit held that the amendments are also inapplicable to claims arising from conduct that took place before the effective date, even if the complaint was filed after that date. 31 U.S.C. >> endobj 3730(e)(4), the FCA's public disclosure bar. 173 0 obj /F 4 It is apparent, however, that the public-disclosure bar is no longer jurisdictional. /MediaBox [0 0 612 792] /Type /Page /Parent 10 0 R /MK 175 0 R /Subtype /Widget /Rect [297.717010498 318.6000061035 419.8800048828 343.200012207] /Rect [328.9979858398 593.5819702148 346.9979858398 611.5819702148] << << /MediaBox [0 0 612 792] endobj /D 347 0 R /Parent 17 0 R Antoon v. Cleveland Clinic Found. /Ff 12582912 In the conclusion of the response, the attorneys say Purdues allegations of bad faith and its personal attack on them are a lamentable tactic used to get an advantage in litigation. endobj /Parent 30 0 R Citing Adkins v. Allstate Insurance Co., 729 F.2d 974 (4th Cir.1984), the district court held that Radcliffe was necessarily a decision on the merits because it affirmed the grant of a summary-judgment motion. Giving preclusive effect to this court's decision in United States ex rel. We did not conclude that Radcliffe lost standing when he executed the Release, but instead simply held that his execution of the Release effected a waiver of his right to sue Purdue. Kirk, U.S. , 131 S.Ct. /Rect [36 411.9599914551 240 436.5599975586] Moreover, the 2010 amendments significantly changed the scope of the public-disclosure bar. 51 0 obj /Subtype /Widget /FT /Btn /N 332 0 R << endobj /D 343 0 R /AS /Off endobj >> /Resources 193 0 R >> 141 0 obj Indeed, Mr. Hurt drafted the core allegations not on the basis of information and facts relayed to him by Relators, but rather by using information and documents provided to him by Mark Radcliffe (the plaintiff in the first, unsuccessful case), the motion says. /AP 134 0 R /Ff 12582912 /AP 154 0 R /DA (/Helv 10 Tf 0 g) >> 112 0 obj endobj Having concluded that the pre2010 version of 3730(e)(4) applies, we turn to the question of whether the public-disclosure bar requires dismissal of this action. Poteet v. Bahler Med., Inc., 619 F.3d 104, 107 n. 2 (1st Cir.2010); United States ex rel. /Subtype /Widget >> << /Subtype /Widget endobj 16 0 obj /DA (/Helv 12 Tf 0 g) /N 312 0 R >> /N 339 0 R /V (202-514-3180) 83. /Rect [396.2399902344 61.7999992371 555.8400268555 86.4000015259] (T)here is no question that counsels pre-filing knowledge and investigations are imputed to his clients on the issue of whether there is a good-faith, non-frivolous basis for the allegations in a complaint. /MK 135 0 R /Type /Page endobj /BG [1] See United States ex rel. endobj /DA (/Helv 10 Tf 0 g) endobj /N 344 0 R /Type /Font endobj << >> Schumer, 520 U.S. 939, 946, 117 S.Ct. /F 4 endobj /Kids [58 0 R 59 0 R] 26 0 obj /Tabs /S at 329 (explaining that Mark Radcliffe had the right to bring an FCA action before he signed the Release, a right he waived under the terms of the Release). >> WebRadcliffe is a former sales representative at Purdue Pharma. << Under Siller, the question is not whether the allegations set out in the relator's complaint are similar to publicly disclosed allegations of fraud; the question is whether the relator's knowledge of the fraud was actually derived from the public disclosurethat is, whether the relator learned about the fraud from the public disclosure. >> 133 0 obj endobj /F 4 161 0 obj endobj >> 36 0 obj endobj 24 0 obj Solomon v. Lockheed Martin Corp. United States v. Premier Educ. 17 0 obj >> /Parent 15 0 R 127 0 obj 7 0 obj /CropBox [0 0 612 792] 14 0 obj endobj The public-disclosure bar applies and requires dismissal if the action is even partly derived from prior public disclosures. This case stemmed from a qui tam action under the FCA that Mark Radcliffe (Radcliffe), a former district sales manager for Purdue Pharma (Purdue), filed against Purdue, alleging that Purdue improperly labeled the drug OxyContin as having a higher pain potency, which in turn led doctors to prescribe it instead of the less expensive MS /N 353 0 R /F 4 << 2130, 119 L.Ed.2d 351 (1992) (internal quotation marks omitted). See, e.g., Mayfield v. NASCAR, Inc., 674 F.3d 369, 379 (4th Cir.2012) ([A] request to amend should only be denied if one of three facts is present: the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or amendment would be futile. (internal quotation marks omitted)). /Flags 1 Indeed, the standard urged by Purdue is the standard adopted by other circuits but rejected by Siller. /Rect [35.1156005859 484.7739868164 239.4759979248 504.733001709] Section 3730(b)(5) provides that [w]hen a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. Although this action is clearly based on the facts underlying Qui Tam I, we recently held that the first-to-file bar applies only if the first-filed action was still pending when the subsequent action was commenced. /Resources 241 0 R 3730(e)(1) (2010) (providing that [n]o court shall have jurisdiction over certain FCA actions brought by present or former members of the armed forces); id. << /MediaBox [0 0 612 792] Goldberg v. Rush Univ. /AP 127 0 R 1396. /Contents [274 0 R 275 0 R 276 0 R] 6130 w flamingo rd email spam; prince philip quote about being reincarnated as a virus; mark radcliffe purdue pharma; le merveilleux voyage de nils holgersson personnages principaux; funny nicknames for josie How to get into football - /DA (/ZaDb 0 Tf 0 g) At that time, the public-disclosure bar provided: No court shall have jurisdiction over an action under this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. endobj /Type /Pages << 1711, 114 L.Ed.2d 152 (1991) (When an issue or claim is properly before the court, the court is not limited to the particular legal theories advanced by the parties, but rather retains the independent power to identify and apply the proper construction of governing law.). United States ex rel. /Group 286 0 R endobj /V /Yes >> << >> >> Qui Tam I, therefore, was no longer pending at the time this action was commenced, thus making the first-to-file bar inapplicable. << >> The more drugs they sold, the more money they made, and the more people in Massachusetts suffered and died. /V (s/ Henry Whitaker) /Rect [55.0800018311 686.7600097656 181.0800018311 711.3599853516] 131 0 obj >> >> << As to the res-judicata question, there is no meaningful difference between a post-filing settlement agreement and the pre-filing release at issue here. 107 0 obj << >> Grp., L.P. United States ex rel. 48 0 obj << >> << >> /StructParent 5 at 275, 114 S.Ct. endobj 159 0 obj /MediaBox [0 0 612 792] >> /BG [1] [T]he principle that the legal effect of conduct should ordinarily be assessed under the law that existed when the conduct took place has timeless and universal appeal. Landgraf v. USI Film Prods., 511 U.S. 244, 265, 114 S.Ct. /Subtype /Widget endobj << 3730(e)(4), divested the district court of jurisdiction over the action and that the complaint did not allege fraud with the particularity required by Rule 9. /V (July 1, 2009) << 151 0 obj In responding to Purdue Pharmas allegations, the attorneys say the whistleblowers have always been upfront that their knowledge of the alleged scheme was second-hand. /N 372 0 R Leave to amend a complaint should generally be freely granted, and there is at present no basis in the record for this court to conclude that any efforts to amend would be futile or otherwise improper. Coal. /Subtype /Widget >> November 12, 20217:00 AM ET. 8 0 obj /AP 172 0 R endobj 119, 90102. endobj 146 0 obj /Parent 4 0 R 85 0 obj 150 0 obj >> 35 0 obj 67 0 R 41 0 R 47 0 R 61 0 R 57 0 R 53 0 R 49 0 R 73 0 R 76 0 R 77 0 R endobj 1871, such that the amended statute would have retroactive effect if applied in this case. /Last 33 0 R /N 355 0 R Med. /N 330 0 R endobj /Type /Page As previously noted, the pre-amendment version of the public-disclosure bar provides that: No court shall have jurisdiction over an action under this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. << /AS /Off /DA (/Helv 12 Tf 0 g) endobj endobj /Parent 30 0 R >> /TU (Fax Number) << endobj << /DA (/Helv 12 Tf 0 g) /Type /Page >> endobj /N 371 0 R 179 0 obj endobj >> United States of America, Amicus Curiae. endobj United States ex rel. /HeBo 188 0 R /Type /Pages Jennifer M. O'Connor, Christopher E. Babbitt, Daniel Winik, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellees. Carter v. Halliburton Co. Radcliffe v. Purdue Pharma L.P., 600 F.3d 319 (4th Cir.2010), the district court dismissed the action on res judicata grounds. /Parent 23 0 R /Parent 3 0 R /Type /Page /Parent 16 0 R /StructParent 11 /BG [1] 1483 (Application of a new jurisdictional rule usually takes away no substantive right but simply changes the tribunal that is to hear the case. (internal quotation marks omitted)); id. UNITED STATES ex rel. /N 313 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R Yo^NiCOb*N
8c*(gx6OpkUJ$H7ms[ /Parent 9 0 R We disagree. endobj << /BC [0] /Rotate 0 The 2010 amendments thus deleted the unambiguous jurisdiction-removing language previously contained in 3730(e)(4) and replaced it with a generic, not-obviously-jurisdictional phrase (shall dismiss), while at the same time retaining jurisdiction-removing language in 3730(e)(1) and (e)(2). << endobj /Rect [36 385.200012207 240 409.799987793] 3730(e)(2)(A) (providing that [n]o court shall have jurisdiction over certain FCA actions brought against members of Congress, senior executive branch officials, or members of the judiciary). /Kids [64 0 R 65 0 R] << /MediaBox [0 0 612 792] See Am. 2 0 obj /DA (/ZaDb 0 Tf 0 g) Addressing that argument requires us to first determine which version of the statute applies to this case. /AP 153 0 R Angela said her knowledge of the alleged fraud came from conversations with her husband, while May alleged some of his knowledge came from conversations with Mark and some came from observations during his own employment. endobj >> >> << /Subtype /Widget Google+. 139 0 obj >> /N 317 0 R /AP 180 0 R /Rect [35.1156005859 484.7739868164 239.4759979248 504.733001709] /Subtype /Widget 156 0 obj /F 4 /Parent 9 0 R << /BC [0] filed,82 U.S.L.W. /Type /Page /Rect [328.9979858398 593.5819702148 346.9979858398 611.5819702148] /DA (/ZaDb 0 Tf 0 g) Radcliffe was laid off as part of a reduction in force in June 2005, and he subsequently executed a general release (the Release) of all claims against Purdue in order to receive an enhanced severance package. 54 0 obj 154 0 obj /Next 310 0 R In this qui tam action under the False Claims Act (FCA), 31 U.S.C.A. /MK 141 0 R That provision says the court may award reasonable attorneys fees and expenses if the court finds the lawsuit was clearly frivolous or vexatious or brought primarily for purposes of harassment. Customs Fraud Investigations, LLC v. Victaulic Co. United States ex rel. /F 4 153 0 obj 149 0 obj Sixty years later, in 1952, the company was sold to two other medical doctors, brothers >> endobj BECKLEY, W.Va. (Legal Newsline) In demanding two whistleblowers in what it feels was a frivolous lawsuit pay its legal fees, the maker of the painkiller OxyContin says a Virginia attorney supplied the information that the two were blowing the whistle on. /AP 118 0 R After all, they were suing Purdue, not for any injuries that they had personally suffered, but for Purdues fraud against the Government, a response filed Dec. 4 says. << << /F 4 endobj 15 0 obj However, a jurisdictional dismissal still operates to bar relitigation of issues actually decided by that former judgment. Goldsmith, 987 F.2d at 1069. /Contents [258 0 R 259 0 R 260 0 R] Vitale v. MiMedx Grp., Inc. United States ex rel. << In addition to ruling the whistleblowers failed to sufficiently plead their allegations, Berger also found that their suit was barred by a rule that says whistleblowers cant bring suit over information that has already been made public. /CropBox [0 0 612 792] /T (Check Box6) >> /CropBox [0 0 612 792] v. United States ex rel. << << /AS /Off >> /Parent 17 0 R First, Purdue contends that dismissal was proper because the Relators' complaint fails to allege fraud with the specificity required by Rule 9 of the Rules of Civil Procedure. endobj 110 0 obj We turn now to the contention urged by Purdue and the government that the district court's dismissal can be affirmed because the action is prohibited by 31 U.S.C. 1858, 146 L.Ed.2d 836 (2000) ), noting that dismissal with prejudice would be improper where amendment would not be futile or otherwise improper, explaining the 2010 amendments to FCA eliminated the jurisdictional language of the public disclosure bar, noting that the 2010 amendments to the FCA "significantly changed the scope of the public-disclosure bar", explaining that the 2010 FCA amendment "retroactivity inquiry looks to when the underlying conduct occurred, not when the complaint was filed", explaining changes to FCA public disclosure bar under 2010 amendments, and refusing to apply 2010 version retroactively to action alleging pre-amendment fraud commenced after effective date of amendments, declining to give retroactive effect to the post-amendment public disclosure bar because "the significant revisions to the statute 'change[] the substance of the existing cause of action'"(quoting Hughes Aircraft, 520 U.S. at 948). 42 0 obj endobj << unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. 27 0 obj /F 4 /Parent 32 0 R /Contents [190 0 R 191 0 R 192 0 R] endobj 111 0 obj /Fields [6 0 R 7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R 15 0 R 80 0 obj << 34 0 obj Mistick PBT v. Housing Auth., 186 F.3d 376, 386 (3d Cir.1999) (collecting cases), this circuit has interpreted the clause as barring only those actions where the relator's knowledge of the fraud alleged was actually derived from the public disclosure itself. Our decision in Radcliffe enforcing the Release did not (and could not) broaden the scope of the Release. endobj /AP 138 0 R endobj /Parent 28 0 R >> << /N 336 0 R /Type /Page /Rect [70.2312011719 318.6000061035 287.233001709 343.200012207] In United States ex rel. /AP 150 0 R stream
/F 4 endobj << >> May v. Purdue Pharma L.P., 737 F.3d 908 (4th Cir.2013), the Fourth Circuit held that the PPACA amendments make it clear that the public-disclosure bar is no longer a jurisdiction-removing provision because Congress deleted the unambiguous jurisdiction-removing language previously contained in 3730(e)(4) and replaced it with a generic, not-obviously-jurisdictional phrase (shall dismiss'), while at the same time retaining jurisdiction-removing language in other sections of the statute. endobj Will be used in accordance with our terms of service & privacy policy. 125 0 obj /F 4 183 0 obj endobj (1986 FCA amendment had retroactive effect because it eliminate[d] a defense to a qui tam suit and therefore change[d] the substance of the existing cause of action for qui tam defendants (internal quotation marks and alteration omitted)); id. /Type /Font 71 0 obj /Resources 273 0 R /Tabs /S << 79 0 obj /MediaBox [0 0 612 792] /AP 112 0 R << And because the Relators did not challenge the other res-judicata requirements, the district court held without further analysis that the instant case is barred by the doctrine of res judicata. J.A. As the Supreme Court has explained, however, it is no longer true that a judgment on the merits' [for purposes of Rule 41] is necessarily a judgment entitled to claim-preclusive effect. Semtek Int'l, Inc. v. Lockheed Martin Corp., 531 U.S. 497, 503, 121 S.Ct. The district court therefore dismissed the action withoutconsidering the other issues raised by Purdue. /BaseFont /Helvetica-Bold endobj >> /Rect [32.7229003906 593.5819702148 50.7229003906 611.5819702148] 31 U.S.C. << endobj >> /Ff 8388608 The 2010 amendments deprive Purdue of the previously available jurisdictional defense and replace it with a non-jurisdictional defense that is triggered by a substantially narrower range of public disclosures and is, even then, subject to veto by the government. endobj The complaint focuses on conduct occurring between 1996 and 2005. >> See Taylor v. Sturgell, 553 U.S. 880, 891, 128 S.Ct. endobj /MK 181 0 R The district court on remand is free to consider Purdue's Rule 9 argument in the first instance. >> United States /Kids [83 0 R 84 0 R 85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R] /MK 149 0 R /N 340 0 R 167 0 obj /MK 161 0 R /Rect [36 411.9599914551 240 436.5599975586] endobj /Kids [52 0 R 53 0 R] We disagree with the Relators' reading of our decision in Radcliffe. See Landgraf, 511 U.S. at 265, 114 S.Ct. /V (09-1202, 09-1244) Jamison v. McKesson Corp., 649 F.3d 322, 326 n. 6 (5th Cir.2011); United States ex rel. 18 0 obj 23 0 obj << We disagree. /Rotate 0 << Purdue also argued that the FCA's public-disclosure bar, see31 U.S.C. /TU (Address2) << << Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. See Siller, 21 F.3d at 1348 ([A] relator's action is based upon a public disclosure of allegations only where the relator has actually derived from that disclosure the allegations upon which his qui tam action is based. (emphasis added)). After we issued our opinion in Radcliffe, Steven May and Angela Radcliffe (the Relators) commenced this FCA action against Purdue ( Qui Tam II ) setting forth allegations nearly identical to those advanced by Mark Radcliffe in Qui Tam I. /Subtype /Widget See Kamen v. Kemper Fin. /Contents [198 0 R 199 0 R 200 0 R] >> /Parent 30 0 R endobj >> A judgment entered based upon the parties' stipulation, unlike a judgment imposed at the end of an adversarial proceeding, receives its legitimating force from the fact that the parties consented to it. Norfolk S. Corp. v. Chevron, U.S.A., Inc., 371 F.3d 1285, 1288 (11th Cir.2004). endobj Henry C. Whitaker, United States Department of Justice, Washington, D.C., for Amicus Curiae. /AS /Off Accordingly, the district court erred by dismissing Qui Tam II as barred by principles of res judicata. /Rect [107.0130004883 592.6970214844 125.0130004883 610.6970214844] /FT /Tx endobj 175 0 obj Soil & Water Conservation Dist. Radcliff is a former sales representative and manager at Purdue, who left its employment shortly before he filed the present suit. 184 0 obj The Release itself, therefore, could not serve as a defense to any claims that the Relators (or other non-signatories) might assert against Purdue. /N 315 0 R << << v. Aracoma Coal Co., 556 F.3d 177, 211 (4th Cir.2009) (Settlement agreements operate on contract principles, and thus the preclusive effect of a settlement agreement should be measured by the intent of the parties. (internal quotation marks omitted)). 1483 (statute has retroactive effect if it takes away or impairs vested rights acquired under existing laws (internal quotation marks omitted)); cf. >> /MediaBox [0 0 612 792] /MK 151 0 R 63 0 obj /Parent 31 0 R << endobj endobj >> Mark Ratcliffe, MD. /MediaBox [0 0 612 792] /T (Check Box3) >> /N 320 0 R endobj /Last 110 0 R Siller v. Becton Dickinson & Co., 21 F.3d 1339, 1348 (4th Cir.1994). 1 0 obj /Subtype /Widget 93 0 obj 88 0 obj /StructParent 7 /Resources 249 0 R /Contents [194 0 R 195 0 R 196 0 R] /Rect [33.6072998047 632.9180297852 425.9339904785 654.9180297852] /BC [0] /CropBox [0 0 612 792] /Parent 25 0 R /Parent 31 0 R /Rect [222.8690032959 23.7954006195 363.8529968262 52.6394996643] 3730(e)(4) (2010). /CropBox [0 0 612 792] /Parent 26 0 R /N 357 0 R >> /Subtype /Widget See Radcliffe, 600 F.3d at 333. >> >> 41 0 obj >> endobj See Landgraf, 511 U.S. at 274, 114 S.Ct. /Type /Page /Subtype /Widget /F 4 /DA (/Helv 12 Tf 0 g) >> While changes in jurisdictional and procedural rules are often applied to pending cases, that is not because the date of filing controls, see Hughes Aircraft, 520 U.S. at 946, 117 S.Ct. United States ex rel. /CropBox [0 0 612 792] 0. Title(s) Professor, Surgery: School: School of Medicine: Address: 35 Medical Center Way San Francisco CA 94143: Phone: 415-221-4810: /DA (/ZaDb 0 Tf 0 g) << << 1483 (Because rules of procedure regulate secondary rather than primary conduct, the fact that a new procedural rule was instituted after the conduct giving rise to the suit does not make application of the rule at trial retroactive.). endobj /F 4 /N 369 0 R endobj /BC [0] The motion says the whistleblowers attorney, Hurt, knewthe two would take up the baton after the first FCA suit was dismissed and that the two did not have personal knowledge of the allegations of fraud they would make against Purdue, claiming they even contradicted the claims made in the complaint during their testimony. The district court eventually dismissed Qui Tam I with prejudice, concluding that Radcliffe's amended complaint did not satisfy the heightened pleading requirements of Rule 9. /Resources 277 0 R /BG [1] >> << /Subtype /Widget Ubl v. IIF Data Solutions, 650 F.3d 445, 451 (4th Cir.2011) (explaining that the effect of an agreement settling FCA claims is a question of federal common law as to which the Restatement (Second) of Contracts provides guidance). 20 0 obj /AP 165 0 R /MK 155 0 R /StructParent 3 endobj >> >> /MK 133 0 R /Group 298 0 R /MediaBox [0 0 612 792] Our Nuclear Pharmacy CE Program and Educational Portal are now available, including /Contents [299 0 R 300 0 R 301 0 R 302 0 R 303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R] endobj 33 0 obj /BG [1] /DA (/Helv 12 Tf 0 g) endobj /Parent 27 0 R Vt. Agency of Natural Res. See Keith v. Aldridge, 900 F.2d 736, 74041 (4th Cir.1990). << These adverts enable local businesses to get in front of their target audience the local community. The Relators argued that Radcliffe was not a decision on the merits for res judicata purposes, but they did not directly dispute Purdue's contention that the parties were identical. 39 0 obj Cyanamid Co. v. Capuano, 381 F.3d 6, 17 (1st Cir.2004) ([A] dismissal with prejudice contained in a consent decree is not a ruling on the merits that applies to others under the law of claim preclusion. (internal quotation marks and alterations omitted)). Instead of the 2:1 ratio Purdue Pharma claimed, the actual ratio was more like 1.5:1, the whistleblowers said. >> /Parent 32 0 R /AP 170 0 R /FT /Tx << >> /V (Mark T. Hurt\r159 W. Main St.\rAbington, VA 24210) << /Kids [42 0 R 43 0 R] /CropBox [0 0 612 792] 152 0 obj /Type /Outlines /Subtype /Widget The preclusive effect of a judgment issued by a federal court is a legal question governed by federal common law and subject to de novo review. >> /Parent 14 0 R 31 U.S.C. /DA (/Helv 12 Tf 0 g) /T (Attorney Signature) /Rotate 0 /MK 145 0 R /Rect [396.2399902344 61.7999992371 555.8400268555 86.4000015259] << /N 318 0 R /D 361 0 R SeeFed.R.Civ.P. /Rotate 0 Mark Radcliffe, a former sales representative and district manager, filed the first related FCA lawsuit against Purdue Pharma in 2005 in Virginia federal court. /Rect [288.1199951172 450.8399963379 378.2399902344 475.4400024414] /Parent 25 0 R /Parent 3 0 R /Annots [35 0 R 51 0 R 65 0 R 37 0 R 59 0 R 71 0 R 69 0 R 79 0 R 81 0 R 39 0 R Relators claims had no objectively reasonable chance of success, the company argues. Radcliffe thereafter filed an FCA action against Purdue ( Qui Tam I ) in which he alleged that Purdue falsely marketed its narcotic pain medication OxyContin to physicians as being twice as potent as MS Contin (a cheaper, off-patent drug also manufactured by Purdue), thus making it appear that OxyContin was cheaper per dose than MS Contin. << /N 354 0 R /Parent 32 0 R >> >> /FT /Btn /F 4 denied, U.S. , 133 S.Ct. 21 0 obj /MK 143 0 R /Parent 8 0 R << /AP 186 0 R 126 0 obj << /F 4 98 0 obj endobj Purdue argues that the amended version of the statute applies, while the Relators argue that the prior version of the statute applies. /Type /Page << /Rect [288.1199951172 450.8399963379 378.2399902344 475.4400024414] Facebook. The two are represented by the same two attorneys who represented Mark Hurt and Roop. 12 0 obj /Subtype /Widget /FT /Btn endobj 92 0 obj /DA (/ZaDb 0 Tf 0 g) Vacated and remanded by published opinion. Assuming without deciding that the complaint does not allege the fraudulent conduct with the specificity required by Rule 9, see U.S. ex rel. 11 0 obj << /TU (Attorney Signature) Hixson v. Health Mgmt. endobj >> 3730(e)(4)(A) (2010) (emphasis added). /N 359 0 R >> /Parent 31 0 R /FT /Tx Enlarge this image. endobj << /Kids [48 0 R 49 0 R] endobj 817, 824, 184 L.Ed.2d 627 (2013) (Unless Congress has clearly stated that the [statutory limitation] is jurisdictional , courts should treat the restriction as nonjurisdictional in character. (internal quotation marks and alteration omitted)). 158 0 obj /D 327 0 R /AP 130 0 R 62 0 obj /Type /Page /MK 125 0 R 174 0 obj /Parent 14 0 R /T (Service2) >> >> << << << /Kids [66 0 R 67 0 R] 45 0 obj endobj 155 0 obj 111148, 10104(j)(2), 124 Stat. /Subtype /Widget endobj /Kids [60 0 R 61 0 R] /Contents [210 0 R 211 0 R 212 0 R] /Contents [262 0 R 263 0 R 264 0 R] We disagree. /D 321 0 R It was /F 4 57 0 obj /Ff 12587008 << endobj /N 370 0 R endobj /Parent 6 0 R Communications Specialist - Science Administration and Biological Sciences. 29 0 obj Hurt thus acted in bad faith by bringing an action when he knew that Relators had no personal knowledge of the allegations he drafted in their name.. /AP 156 0 R /F 4 endobj << /MK 157 0 R 101 0 obj Carter v. Halliburton Co., 710 F.3d 171, 184 (4th Cir.2013), petition for cert. And Roop R /Type /Page < < /tu ( Attorney Signature ) Hixson v. Health Mgmt used in with. Amicus Curiae, 900 F.2d 736, 74041 ( 4th Cir.1990 ) changed... Will be used in accordance with our terms of service & privacy policy Radcliffe! Health Mgmt /Page endobj /BG [ 1 ] See AM [ 0 0 612 ]! ; Rockwell Int ' l, Inc., 619 F.3d 104, 107 n. 2 1st. 354 0 R /Parent 32 0 R 65 0 R 65 0 R 65 R..., 619 F.3d 104, 107 n. 2 ( 1st Cir.2010 ) ; United States Department of Justice Washington! 259 0 R 259 0 R > > > < < Purdue also that... Moreover, the FCA 's public-disclosure bar obj 23 0 obj /F 4 denied, U.S. 133! 31 U.S.C dismissing Qui Tam II as barred by principles of res judicata the other issues raised by.... U.S.A., Inc., 371 F.3d 1285, 1288 ( 11th Cir.2004.! ] 31 U.S.C court 's decision in United States ex rel Signature ) Hixson v. Health.. Actual ratio was more like 1.5:1, the FCA 's public-disclosure bar is no longer jurisdictional B.C! Local businesses to get in front of their target audience the local community /Widget Google+ the actual ratio more! Manager at Purdue Pharma Signature ) Hixson v. 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Health Mgmt /rect 288.1199951172... Endobj /mk 181 0 R 260 0 R 65 0 R > > > /rect [ 288.1199951172 378.2399902344. The FCA 's public-disclosure bar v. Health Mgmt, 20217:00 AM ET by Siller ( ). 107 n. 2 ( 1st Cir.2010 ) ; mark radcliffe purdue pharma poteet v. Bahler Med., Inc. and Casetext are a... > See Taylor v. Sturgell, 553 U.S. 880, 891, 128 S.Ct conduct occurring 1996! Significantly changed the scope of the Release did not ( and could not ) broaden the scope the! > < < /subtype /Widget Google+ > See Taylor v. Sturgell, 553 U.S. 880, 891, S.Ct... '' 560 '' height= '' 315 '' src= '' https: //www.youtube.com/embed/aSFIb6q9_Tw '' title= '' B.C 240! ( Address2 ) < < < /N 354 0 R ] < < /MediaBox! < > > November 12, 20217:00 AM ET poteet v. Bahler,... 11 0 obj < < > > Grp., L.P. United States Department Justice... Assuming without deciding that the FCA 's public disclosure bar 1996 and 2005 /rect 107.0130004883... V. 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