U.S. v. PURDUE PHARMA L.P.

Nos. 09-1202, 09-1244.

600 F.3d 319 (2010)

UNITED STATES of America, State of Delaware, Commonwealth of Virginia, State of California, State of Hawaii, State of Nevada, State of Tennessee, State of Illinois, State of New Hampshire, District of Columbia, State of Florida, State of Massachusetts, State of Texas, State of Louisiana Ex Rel. Mark Radcliffe, Plaintiff-Appellant, v. PURDUE PHARMA L.P.; Purdue Pharma, Incorporated, Defendants-Appellees. United States of America, Amicus Curiae. United States of America, State of Delaware, Commonwealth of Virginia, State of California, State of Hawaii, State of Nevada, State of Tennessee, State of Illinois, State of New Hampshire, District of Columbia, State of Florida, State of Massachusetts, State of Texas, State of Louisiana Ex Rel. Mark Radcliffe, Plaintiff-Appellee, v. Purdue Pharma L.P.; Purdue Pharma, Incorporated, Defendants-Appellants. United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: March 24, 2010.


Attorney(s) appearing for the Case

ARGUED: Mark Tucker Hurt, Abingdon, Virginia, for Appellant/Cross-Appellee. Jennifer O'Connor, Wilmerhale, Washington, D.C., for Appellees/Cross-Appellants. Henry Charles Whitaker, United States Department of Justice, Washington, D.C., for Amicus Curiae. ON BRIEF: Paul Wakefield Roop, II, Roop Law Office, LC, Beckley, West Virginia, for Appellant/Cross-Appellee. Howard M. Shapiro, Kimberly A. Parker, Christopher E. Babbitt, Robert A. Mays, Wilmerhale, Washington, D.C., for Appellees/Cross-Appellants. Tony West, Assistant Attorney General, Beth S. Brinkmann, Deputy Assistant Attorney General, Michael S. Raab, Civil Division, United States Department of Justice, Washington, D.C., for Amicus Curiae.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Chief Judge TRAXLER and Judge BLAKE joined.


OPINION

AGEE, Circuit Judge:

The plaintiff-relator, Mark Radcliffe ("Radcliffe"), filed a qui tam suit in the United States District Court for the Western District of Virginia alleging that his former employer, Purdue Pharma, L.P. ("Purdue"), defrauded the government by marketing its pain-relief drug, OxyContin, as a cheaper alternative to the drug it replaced, MS Contin, which was also manufactured by Purdue. Radcliffe alleged that Purdue, through...

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