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U.S. EX REL. NARGOL v. DEPUY ORTHOPAEDICS, INC.

No. 16-1442.

865 F.3d 29 (2017)

UNITED STATES, EX REL., Antoni NARGOL and David Langton; State of Arkansas, State of California, City of Chicago, State of Colorado, State of Connecticut, State of Delaware, District of Columbia, State of Florida, State of Georgia, State of Hawaii, State of Illinois, State of Indiana, State of Iowa, State of Louisiana, State of Maryland, 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 Wisconsin, Commonwealth of Massachusetts, City of New York, State of New Hampshire, State of Missouri, State of Washington, ex rel., Antoni Nargol and David Langton, Plaintiffs, Appellants, v. DEPUY ORTHOPAEDICS, INC.; Depuy, Inc.; Johnson & Johnson, Services, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

July 26, 2017.

Attorney(s) appearing for the Case

Russell L. Kornblith , with whom David W. Sanford , Ross B. Brooks , Sanford Heisler, LLP, Kevin M. Kinne , and Cohen Kinne Valicenti & Cook, LLP, were on brief, for appellants.

Mark D. Seltzer , with whom D. Danielle Pelot , Hannah R. Bornstein , and Nixon Peabody LLP were on brief, for appellees.

Before Torruella, Thompson, and Kayatta, Circuit Judges.

In this action brought by two private individuals under the False Claims Act ("FCA"), 31 U.S.C. § 3729, and various state analogues, we review de novo the dismissal of a complaint under Federal Rules of Civil Procedure 9(b) and 12(b)(6). Applying and extending our holding in United States ex rel. D'Agostino...

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