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U.S. EX REL. NATHAN v. TAKEDA PHARMACEUTICALS NORTH AMERICA, INC.

No. 11-2077.

707 F.3d 451 (2013)

UNITED STATES ex rel. Noah NATHAN, On Behalf of the United States Government and the States, Plaintiff-Appellant, v. TAKEDA PHARMACEUTICALS NORTH AMERICA, INCORPORATED; Takeda Pharmaceuticals America, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeffrey A. Lamken , Mololamken, LLP, Washington, D.C., for Appellant. William F. Cavanaugh, Jr. , Patterson, Belknap, Webb & Tyler, New York, New York, for Appellees. ON BRIEF: Michael G. Pattillo, Jr. , Martin V. Totaro , Mololamken, LLP, Washington, D.C., for Appellant. Susan R. Podolsky , The Law Offices of Susan R. Podolsky, Alexandria, Virginia; Daniel S. Ruzumna , Sean H. Murray , Aileen M. McGill , Patterson, Belknap, Webb & Tyler, New York, New York, for Appellees.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge MOTZ and Judge BREDAR joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

Noah Nathan (Relator), a sales manager for Takeda Pharmaceuticals (Takeda), brought this qui tam action against his employer under the False Claims Act (the Act), 31 U.S.C. §§ 3729 through 3733. Relator alleges that Takeda violated § 3729(a)(1)(A) of the Act by causing false claims to be presented to the government for payment under Medicare and other federal health insurance programs.

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