LAWTON EX REL. U.S. v. TAKEDA PHARMACEUTIC

No. 16-1382.

842 F.3d 125 (2016)

Peter P. LAWTON, EX REL. UNITED STATES of America; and The States of California, Colorado, Connecticut, District of Columbia, Delaware, Florida, Georgia, Hawaii, Iowa, Illinois, Indiana, Louisiana, Massachusetts, Maryland, Michigan, Minnesota, Montana, North Carolina, New Jersey, New Mexico, Nevada, New York, Oklahoma, Rhode Island, Tennessee, Texas, Virginia, Washington, Wisconsin, Plaintiffs, Appellants, v. TAKEDA PHARMACEUTICAL COMPANY, LTD.; Takeda Pharmaceuticals U.S.A., Inc., f/k/a Takeda Pharmaceuticals North America, Inc.; Takeda Pharmaceuticals International Inc.; Takeda Development Center Americas, Inc., f/k/a Takeda Global Research & Development Center Inc.; Eli Lilly and Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 22, 2016.


Attorney(s) appearing for the Case

David E. Kovel , with whom John R. Low-Beer , Of Counsel, and Kirby McInerney LLP were on brief, for appellants.

R. Jeffrey Layne , with whom Jonathan S. Franklin , Sarah M. Cummings , and Norton Rose Fulbright US LLP were on brief, for appellees.

Before Lynch, Stahl, and Barron, Circuit Judges.


Relator-Appellant Peter Lawton ("Lawton") brought a qui tam action against Appellees Takeda Pharmaceutical Company, Ltd. and its affiliates ("Takeda") and Eli Lilly and Company ("Eli Lilly") (collectively, "Defendants") under the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq.

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