United States First Circuit

In qui tam actions under the False Claims Act (FCA), 31 U.S.C. section 3729 et seq., and related state statutes, alleging defendants caused physicians and healthcare providers to submit false claims to the government for reimbursement for Xolair, an injected drug used to treat allergies, the District Court's dismissal of the federal and state claims with prejudice is: 1) affirmed as to dismissal of the federal claims where the relators failed to state their complaints with sufficient particularity; but 2) vacated as to the dismissal of the state claims where the court erred in dismissing the state-law claims with prejudice.

Appellate Information

• Published 2016/06/17

Judges

• STAHL

Court

• United States First Circuit

Counsel