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COM. OF VA. EX REL HUNTER LABS v. COMMONWEALTH

No. 15-1484.

828 F.3d 281 (2016)

COMMONWEALTH OF VIRGINIA EX REL. HUNTER LABORATORIES, L.L.C.; Commonwealth of Virginia ex rel. Chris Riedel, an individual, Plaintiffs-Appellants, v. COMMONWEALTH of Virginia, Plaintiff-Appellee, and Laboratory Corporation of America, a Delaware corporation; Laboratory Corporation of America Holdings, a Delaware corporation; Does 10 Through 100, Inclusive; Quest Diagnostics Nichols Institute, f/k/a Quest Diagnostics, Incorporated, a California corporation; Quest Diagnostics Clinical Laboratories, Inc.; Specialty Laboratories, Inc., a California corporation; Quest Diagnostics, Incorporated, a Delaware corporation; United States of America, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 7, 2016.

Attorney(s) appearing for the Case

ARGUED: Eric James Buescher , Cotchett, Pitre & McCarthy, LLP, Burlingame, California, for Appellants. Candice Mae Deisher , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Justin T. Berger , Cotchett, Pitre & McCarthy, LLP, Burlingame, California, for Appellants. Mark R. Herring , Attorney General of Virginia, Adele M. Neiburg , Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge King wrote the opinion, in which Judge Motz and Judge Harris joined.

In December 2007, qui tam relators Hunter Laboratories, L.L.C., and Chris Riedel (the "relators") filed this civil action in the Circuit Court of Fairfax County against multiple medical laboratory businesses. The complaint alleged that the medical laboratories had submitted false claims to the Commonwealth of Virginia for Medicaid...

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