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U.S. v. UNIVERSITY OF MASSACHUSETTS, WORCESTER

No. 15-1239.

812 F.3d 35 (2016)

UNITED STATES of America and Commonwealth of Massachusetts, ex rel. Michael A. Willette, Plaintiff, Appellant, v. UNIVERSITY OF MASSACHUSETTS, WORCESTER a/k/a University of Massachusetts Medical School, Defendant, Appellee. Estate of Leo Villani and John Does, Defendants.

United States Court of Appeals, First Circuit.

January 27, 2016.

Attorney(s) appearing for the Case

Allyson H. Cohen , for appellant.

Daniel Meron , Special Assistant Attorney General, Commonwealth of Massachusetts, with whom Latham & Watkins LLP was on brief, for appellee.

Before BARRON, Circuit Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.

This appeal raises two distinct but loosely connected issues. The first involves the question of whether the University of Massachusetts Medical School (UMMS) is a state agency, not a "person," and therefore exempt from suit by private parties under the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, and its Massachusetts...

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