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U.S. EX REL. HEINEMAN-GUTA v. GUIDANT CORP.

No. 12-1867.

718 F.3d 28 (2013)

UNITED STATES of America, ex rel. Heidi HEINEMAN-GUTA, Relator, Plaintiff, Appellant, v. GUIDANT CORPORATION; Boston Scientific Corporation, individually and as Successor-in-Interest to Guidant Corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 31, 2013.

Attorney(s) appearing for the Case

Loren Jacobson , with whom Charles S. Siegel and Waters & Kraus, LLP, were on brief for appellant.

Jonathan S. Franklin , with whom Frederick Robinson , Mark Emery , and Fulbright & Jaworski LLP, were on brief for appellees.

Before TORRUELLA, STAHL, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

Appellant Heidi Heineman-Guta ("Heineman-Guta"), on behalf of the United States, brought a qui tam action under the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., against Guidant Corporation ("Guidant") and Boston Scientific Corporation ("BSC") alleging they engaged in a kickback scheme to promote the sale and use of their cardiac rhythm management devices. The district court dismissed Heineman-Guta's complaint for lack of subject...

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