United States Seventh Circuit

In an action against defendant charging fraudulent pricing of pharmaceutical drugs in violation of Wisconsin state law, an order remanding the case and sanctioning defendant is affirmed in part as to the remand order, but reversed as to the sanctions where: 1) the filing of a suit under the False Claims Act did not render this case removable; and 2) the paucity of appellate authority on the removability issue gave defendant a reasonable basis for removing the case a third time, and its appeal here was not frivolous.

Appellate Information

• Argued 01/11/2008
• Decided 02/04/2008
• Published 02/04/2008

Judges

• POSNER, Circuit Judge., Before BAUER, POSNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Betty Eberle (argued), Miner, Barnhill & Galland, Madison, WI, Robert S. Libman, Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Plaintiff-Appellee., Dawn M. Beery, Kelley, Drye & Warren, Chicago, IL, Neil Merkl (argued), Kelley, Drye & Warren, New York, NY, for Defendant-Appellant.