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U.S. EX REL. WILSON v. BRISTOL-MYERS SQUIBB, INC.

No. 13-1948.

750 F.3d 111 (2014)

UNITED STATES ex rel. Michael A. WILSON, Relator, Appellant, v. BRISTOL-MYERS SQUIBB, INC.; Sanofi-Aventis U.S. LLC, Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 30, 2014.

Attorney(s) appearing for the Case

Alastair J.M. Findeis , with whom Milberg LLP and David Pastor and Pastor Law Office, LLP were on brief, for appellant.

Catherine E. Stetson , with whom Jessica L. Ellsworth , Mitchell J. Lazris , Mary Helen Wimberly , Hogan Lovells U.S. LLP, Robert Keefe , and WilmerHale were on brief, for appellee Bristol-Myers Squibb, Co.

Robert J. McCully , with whom Elizabeth C. Burke and Shook, Hardy & Bacon LLP were on brief, for appellee Sanofi-Aventis U.S. LLP.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

This appeal primarily involves the scope of the first-to-file rule of the federal False Claims Act ("FCA"), 31 U.S.C. § 3730(b)(5), and the application of the "essential facts" test to determine whether a later-filed complaint is barred by earlier-filed complaints under this provision. See United States ex rel. Duxbury v. Ortho Biotech Prods., L.P., 579 F.3d 13, 32-33 (1st Cir.2009).

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