No. 12-2431.

745 F.3d 694 (2014)

UNITED STATES ex rel. Barry ROSTHOLDER; Barry Rostholder, individually, Plaintiffs-Appellants, and State of California; State of Delaware; State of Florida; State of Hawaii; State of Illinois; State of Indiana; State of Louisiana; State of Massachusetts; State of Michigan; State of Montana; State of New Hampshire; State of New Mexico; State of New York; State of Nevada; State of Tennessee; State of Texas; State of Virginia; Cook County, Illinois; District of Columbia; Cities of Chicago and New York; State of Georgia; State of New Jersey; State of Oklahoma; State of Rhode Island; State of Wisconsin, Plaintiffs, v. OMNICARE, INCORPORATED, a Delaware Corporation; Omnicare Distribution Center, LLC, f/k/a Heartland Repack Services, LLC, a Delaware Limited Liability Company, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 21, 2014.

Attorney(s) appearing for the Case

ARGUED: Gerald C. Robinson , Gerald Robinson Law Firm PLLC, Minneapolis, Minnesota, for Appellants. James Christopher Martin , Reed Smith LLP, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: Jay P. Holland , Joseph, Greenwald & Laake, PA, Greenbelt, Maryland, for Appellants. Colin E. Wrabley , Pittsburgh, Pennsylvania, Eric A. Dubelier , Lawrence S. Sher , Katherine J. Seikaly , Reed Smith LLP, Washington, D.C., for Appellees.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge NIEMEYER and Judge SHEDD joined.


Relator Barry Rostholder (relator) filed this qui tam action under the False Claims Act (FCA), 31 U.S.C. §§ 3729 through 3733, against his former employer, Omnicare, Inc., and its affiliated companies. Relator alleged that the defendants violated a series of Food and Drug Administration (FDA) safety regulations requiring that penicillin and non-penicillin drugs be packaged in complete isolation from one another...

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