HAGERTY EX REL. U.S. v. CYBERONICS, INC.

No. 16-1304.

844 F.3d 26 (2016)

Andrew HAGERTY, EX REL. UNITED STATES; Relator, Appellant, State of California; State of Colorado; State of Connecticut; State of Delaware; State of Florida; State of Georgia; State of Hawaii; State of Illinois; State of Indiana; State of Iowa; State of Louisiana; State of Maryland; Commonwealth of Massachusetts; State of Michigan; State of Minnesota; State of Montana; State of Nevada; State of New Jersey; State of New Mexico; State of New York; State of North Carolina; State of Oklahoma; State of Rhode Island; State of Tennessee; State of Texas; Commonwealth of Virginia; State of Washington; State of Wisconsin; District of Columbia Plaintiffs, v. CYBERONICS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 16, 2016.


Attorney(s) appearing for the Case

Joseph S. Hall , with whom Silvija A. Strikis , Katherine C. Cooper , Rachel Proctor May , Kellogg, Huber, Hanson, Todd, Evans & Figel, P.L.L.C., Washington, DC, Suzanne E. Durrell , Durrell Law Office, Boston, MA, Robert M. Thomas, Jr. , and Thomas & Associates were on brief, for appellant.

William M. Katz, Jr. , with whom Melissa Michelle Davis , J. Patrict Bredehoft , Richard B. Phillips , Thompson & Knight LLP, Timothy H. Madden , and Donnelly, Conroy & Gelhaar LLP, Boston, MA, were on brief, for appellee.

Before Barron, Selya, and Stahl, Circuit Judges.


Relator-Appellant Andrew Hagerty ("Hagerty") brought a qui tam action against Appellee Cyberonics, Inc. ("Cyberonics") alleging, among other things, that Cyberonics violated the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., and...

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