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U.S. EX REL. D'AGOSTINO v. EV3, INC.

No. 14-2145.

802 F.3d 188 (2015)

UNITED STATES of America ex rel. Jeffrey D'AGOSTINO, Plaintiff, Appellant, State of California, et al., Plaintiffs, v. EV3, INC., John Hardin, Microtherapeutics, Inc., and Brett Wall, Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 30, 2015.

Attorney(s) appearing for the Case

Daniel R. Miller , with whom Susan Schneider Thomas , Berger & Montague, P.C., Lynn Weissberg , Jonathan Shapiro , and Stern, Shapiro, Weissberg & Garin LLP were on brief, for appellant.

Joshua S. Levy , with whom Mitchell Stromberg , Bryan Pennington , and Ropes & Gray LLP were on brief, for appellees ev3, Inc. and Microtherapeutics, Inc.

Stephen G. Huggard , with whom Elizabeth H. Kelly and Locke Lord LLP were on brief, for appellee John Hardin.

Martin F. Murphy , Amanda S. Hainsworth , and Foley Hoag LLP on brief for appellee Brett Wall.

Before HOWARD, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Plaintiff-appellant Jeffrey D'Agostino (the relator) challenges both the dismissal of his qui tam action and the antecedent denial of leave to further amend his complaint. For obvious reasons, we consider the second challenge first. That challenge rests in part on a novel interpretation of the 2009 amendments to Rule 15 of...

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