United States First Circuit

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Gadbois v. PharMerica Corp., 14-2164

In qui tam action, alleging that defendant had committed numerous infractions related to its distribution of prescription drugs to long-term care facilities in violation of the False Claims Act (FCA), 31 U.S.C. sections 3729-3733, the district court's dismissal of the claims of the relator for lack of subject matter jurisdiction is vacated and remanded for consideration of relator's request for supplementation under Rule 15(d), where, as a matter of first impression in this court, Federal Rule of Civil Procedure 15(d) is available to cure most kinds of defects in subject matter jurisdiction.

Appellate Information

  • Decided
  • Published 2015/12/16

Judges

  • SELYA

Court

  • United States First Circuit

Counsel