HOPPER v. SOLVAY PHARMACEUTICALS, INC.

No. 08-15810.

588 F.3d 1318 (2009)

James HOPPER, Colin Hutto, Plaintiffs-Appellants, v. SOLVAY PHARMACEUTICALS, INC., Unimed Pharmaceuticals, Inc., United States of America, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 4, 2009.


Attorney(s) appearing for the Case

Frederick M. Morgan, Jr., Volkemia, Thomas, LPA, Cincinnati, OH, for Hopper and Hutto.

Jack E. Fernandez, Jr., Marcos E. Hasbun, Zuckerman Spaeder, L.L.P., Tampa, FL, John R. Fleder, Hyman Phelps & McNamara, PC, Washington, DC, for Defendants-Appellees.

Richard A. Samp, Washington Legal Found., Washington, DC, for Amicus Curiae, Washington Legal Found.

Before BLACK, WILSON and COX, Circuit Judges.


COX, Circuit Judge:

Solvay Pharmaceuticals, Inc. and its wholly owned subsidiary, Unimed Pharmaceuticals, Inc., manufacture and market Marinol, a synthetic form of THC, a hallucinogenic compound found naturally in marijuana. Qui tam relators James Hopper and Colin Hutto allege that Solvay engaged in an off-label marketing campaign to increase sales of Marinol for purposes not approved by the United States Food and Drug Administration. The relators sought recovery...

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