United States ex rel. Duxbury v. Ortho Biotech Prods., LP

This appeal concerned the decade-long litigation of Relator's qui tam action against Defendant for alleged violations of the federal False Claims Act (FCA). The claims arose from Defendant's efforts to promote the pharmaceutical drug Procrit. The First Circuit Court of Appeals reversed and remanded as to the district court's determination that Relator's kickback claims in Count I of the amended complaint were not pled with sufficient particularity. On remand, the district court imposed limitations on the scope of Relator's discovery for the kickback claims. At the discovery's conclusion, Relator agreed it had not identified any admissible evidence to support the remaining Count I claims, and the district court granted summary judgment for OBP on that basis. The First Circuit affirmed, holding that the discovery limitations imposed by the district court were proper, and therefore, the district court did not err in granting OBP's motion for summary judgment on the basis of Relator's stipulation that she did not possess evidence to support her remaining Count I claims. View "United States ex rel. Duxbury v. Ortho Biotech Prods., LP" on Justia Law