UNITED STATES, ex rel. Mark Eugene DUXBURY and Dean McClellan, Plaintiffs,
Mark Eugene Duxbury; Dean McClellan, Plaintiffs, Appellants,
v.
ORTHO BIOTECH PRODUCTS, L.P., Defendant, Appellee.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard January 9, 2009.
Decided August 12, 2009.
Attorney(s) appearing for the Case
Jan R. Schlichtmann, Beverly, MA, with whom Paul Simmerly, Heman Recor Araki Kaufman Simmerly & Jackson, PLLC, Bellevue, WA, Robert Foote, Mark Bulgarelli, Foote Meyers Mielke & Flowers, LLC, Geneva, IL, Kathleen Chavez, and Chavez Law Firm, PC, Aurora, IL, was on brief for appellants.
Ethan M. Posner, with whom Patrick S. Davies, Jennifer L. Saulino, Washington, DC, Andrew W. Lamb, Covington & Burling LLP, Washington, DC, Susan L. Burke, and Burke O'Neil LLC, was on brief for appellee.
Jamie Ann Yavelberg, with whom Charles W. Scarborough, Douglas N. Letter, Attorneys, Appellate Staff, Civil Division, Gregory G. Katsas, Assistant Attorney General, and Michael J. Sullivan, United States Attorney, was on brief as amicus curiae for the United States.
Cleveland Lawrence III, on brief as amicus curiae of Taxpayers Against Fraud Education Fund in support of appellants.
Before TORRUELLA, Circuit Judge, SILER, Senior Circuit Judge, and HOWARD, Circuit Judge.
United States Court of Appeals, First Circuit.
TORRUELLA, Circuit Judge.
This appeal concerns the qui tam provisions of the False Claims Act (the "FCA"), 31 U.S.C. § 3730, which allow whistleblowers (called "relators") to bring certain fraud claims on behalf of the United States.1 The relators in this case, the plaintiffs-appellants Mark Duxbury and Dean McClellan (together, the "Relators"), alleged that defendant-appellee Ortho Biotech...
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