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U.S. v. BAXTER HEALTHCARE CORP.

Nos. 13-1732, 13-2083.

772 F.3d 932 (2014)

UNITED STATES, ex rel. VEN-A-CARE OF THE FLORIDA KEYS, INC., Plaintiff, Appellee, v. BAXTER HEALTHCARE CORPORATION, Defendant, Appellee, v. Linnette Sun and Greg Hamilton, Appellants. United States, ex rel. Linnette Sun; United States, ex rel. Greg Hamilton, Plaintiffs, Appellants, v. Baxter HealthCare Corporation, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 1, 2014.

Attorney(s) appearing for the Case

David J. Chizewer , with whom Courtney R. Baron , Goldberg Kohn LTD., Lauren John Udden , Frederick M. Morgan, Jr. , Jennifer M. Verkamp , Morgan Verkamp, LLC, and Mark Allen Kleinman were on brief, for appellants.

Steven J. Roman , with whom Merle M. DeLancey, Jr. , Dickstein Shapiro LLP, Peter E. Gelhaar , and Donnelly, Conroy & Gelhaar, LLP were on brief, for Baxter Healthcare Corporation, appellee.

James J. Breen , with whom The Breen Law Firm, Rand J. Riklin , John E. Clark , and Goode Casseb Jones Riklin Choate & Watson were on brief, for Ven-A-Care of the Florida Keys, Inc., appellee.

Before HOWARD, LIPEZ and BARRON, Circuit Judges.

This appeal involves a lawsuit against a pharmaceutical company for allegedly defrauding the federal Medicaid and Medicare programs. The suit is based on the False Claims Act, 31 U.S.C. §§ 3729-3733, an unusual federal statute that allows private parties, called "relators," to stand in for the United States and bring...

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