D'AGOSTINO v. EV3, INC.

No. 16-1126.

845 F.3d 1 (2016)

Jeffrey D'AGOSTINO, Plaintiff, Appellant, State of California; State of Connecticut; District of Columbia; State of Florida; State of Georgia; State of Hawaii; State of Illinois; State of Indiana; State of Louisiana; State of Maryland; Commonwealth of Massachusetts; State of Michigan; State of Montana; State of Nevada; State of New Hampshire; 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 Wisconsin; John Doe; United States; State of Delaware; State of Minnesota, Plaintiffs, v. EV3, INC.; Microtherapeutics, Inc., Defendants, Appellees, John Cubelic; Vitas J. Sipelis; John Hardin; Brett Wall, Defendants.

United States Court of Appeals, First Circuit.

December 23, 2016.


Attorney(s) appearing for the Case

Daniel Robert Miller , with whom Susan Schneider Thomas , Philadelphia, PA, Berger & Montague PC, Lynn G. Weissberg , Jonathan Shapiro , and Shapiro, Weissberg & Garin LLP, Boston, MA, were on brief, for appellant.

Joshua S. Levy , with whom Mitchell Stromberg , Rebecca C. Ellis , Boston, MA, Bryan Alexander Pennington , Chicago, IL, Jeremy E. Kanarek , and Ropes & Gray LLP were on brief, for appellees.

Tara S. Morrissey , Attorney, Department of Justice, Civil Division, with whom Michael S. Raab , Attorney, Civil Division, Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, and Carmen M. Ortiz , United States Attorney, were on brief, for amicus curiae the United States of America.

Before Howard, Chief Judge, Selya and Kayatta, Circuit Judges.


This qui tam action makes its second appearance before us. Last year, we held that the district court should have evaluated Jeffrey D'Agostino's request for leave to file his fourth amended complaint under the standard set forth in Federal Rule of Civil Procedure 15(a). United States ex rel. D'Agostino

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