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U.S. EX REL. MAY v. PURDUE PHARMA L.P.

No. 12-2287.

737 F.3d 908 (2013)

UNITED STATES ex rel. Steven MAY and Angela Radcliffe, Plaintiff — Appellant, v. PURDUE PHARMA L.P., a limited partnership, and; Purdue Pharma, Incorporated, Defendants — Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: December 12, 2013.

Attorney(s) appearing for the Case

ARGUED: Mark Tucker Hurt , Abingdon, Virginia, for Appellant. Howard Morris Shapiro , Wilmerhale LLP, Washington, D.C., for Appellees. Henry C. Whitaker , United States Department of Justice, Washington, D.C., for Amicus Curiae. ON BRIEF: Paul W. Roop, II , Roop Law Office, LC, Beckley, West Virginia, for Appellant. Jennifer M. O'Connor , Christopher E. Babbitt , Daniel Winik , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellees. Beth S. Brinkmann , Acting Assistant Attorney General, Michael S. Raab , Civil Division, United States Department of Justice, Washington, D.C., for Amicus Curiae.

Chief Judge TRAXLER wrote the opinion, in which Judge DIAZ and Judge GROH joined.

TRAXLER, Chief Judge:

Appellants Steven May and Angela Radcliffe brought this action under the False Claims Act, 31 U.S.C. §§ 3729-33 (the "FCA"), against Purdue Pharma L.P. and Purdue Pharma, Inc. (together, "Purdue"). Giving preclusive effect to this court's decision in United States ex rel. Radcliffe v. Purdue Pharma L.P., 600 F.3d 319 (4th Cir.2010), the district court dismissed the action on res judicata grounds...

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