United States First Circuit

In a qui tam action for alleged violations of the federal False Claims Act arising from defendant's marketing of the pharmaceutical drug Procrit, summary judgment for defendant on Count I regarding plaintiff's kickback claims is affirmed, where: 1) the limitations the district court imposed on the relator's discovery were entirely consistent with the holding in Duxbury I and within the district court's broad discretion in managing discovery; and 2) the district court did not err in granting defendant's motion for summary judgment on the basis of the relator's stipulation that she did not possess any evidence to support her remaining Count I claims.

Appellate Information

• Decided 06/12/2013
• Published 06/12/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel