U.S. EX REL. BOGART v. KING PHARMACEUTICALS

No. 06-2098.

493 F.3d 323 (2007)

UNITED STATES of America ex rel. Edward BOGART; Edward Bogart, individually; State of Illinois ex rel. Edward Bogart; State of California ex rel. Edward Bogart; State of Florida ex rel. Edward Bogart; State of Texas ex rel. Edward Bogart; State of Massachusetts ex rel. Edward Bogart; State of Tennessee ex rel. Edward Bogart; State of Delaware ex rel. Edward Bogart; State of Nevada ex rel. Edward Bogart; State of Louisiana ex rel. Edward Bogart; State of Hawaii ex rel. Edward Bogart; District of Columbia ex rel. Edward Bogart; State of Virginia ex rel. Edward Bogart; State of New Mexico ex rel. Edward Bogart v. KING PHARMACEUTICALS; Monarch Pharmaceuticals; Wyeth Pharmaceuticals; American Service Group; Prison Health Services Edward Bogart, Appellant.

United States Court of Appeals, Third Circuit.

Filed: July 16, 2007.


Attorney(s) appearing for the Case

Samuel L. Boyd, Boyd & Associates, Dallas, TX, Carl A. Solano [Argued], Jennifer J. Nestle, Schnader Harrison Segal & Lewis, Philadelphia, PA, Timothy K. Lewis, Schnader Harrison Segal & Lewis, Washington, DC, Joel M. Androphy, Berg & Androphy, Houston, TX, Counsel for Appellant Edward Bogart.

Michael T. Reynolds [Argued], Cravath, Swaine & Moore, New York, NY, John G. Harkins, Jr., Eleanor M. Illoway, David W. Angstrom, Harkins Cunningham, Philadelphia, PA, Counsel for Appellees King Pharmaceuticals; Monarch Pharmaceuticals.

Guy W. Horsley, Jr. [Argued], Office of Attorney General of Virginia, Richmond, VA, Counsel for Appellee State of Virginia.

Before: RENDELL and JORDAN, Circuit Judges, and VANASKIE, District Judge.


OPINION

VANASKIE, District Judge.

Appellant/Relator Edward Bogart ("Bogart") commenced this qui tam litigation on behalf of the United States, the District of Columbia, and ten states with qui tam legislation.1 Appellees King Pharmaceuticals and Monarch Pharmaceuticals (collectively, "King") ultimately settled the claims of the jurisdictions with qui tam statutes, and Bogart was paid counsel fees and expenses...

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