U.S. EX REL. RADCLIFFE v. PURDUE PHARMA, L.P.

No. 1:05CV00089.

582 F.Supp.2d 766 (2008)

UNITED STATES, et al., ex rel. Mark RADCLIFFE, Plaintiffs, v. PURDUE PHARMA L.P., et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

October 14, 2008.


Attorney(s) appearing for the Case

Mark T. Hurt, Abingdon, VA, and Paul W. Roop, II, Beckley, WV, for Mark Radcliffe.

Howard M. Shapiro and Jennifer M. O'Connor, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., and Howard C. McElroy, McElroy, Hodges, & Caldwell, Abingdon, VA, for Purdue Pharma L.P. and Purdue Pharma, Inc.


OPINION

JAMES P. JONES, Chief District Judge.

In this qui tam action, the defendants have moved to dismiss on several grounds, including the jurisdictional bar based on prior public disclosures of the alleged false claims, the execution of a pre-filing general release by the relator, and a failure to plead fraud with particularity under Rule 9(b). For the reasons set forth below, I deny the former two grounds of dismissal, but I will grant the motion under...

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