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U.S. v. MILLENIUM LABORATORIES, INC.

No. 17-1106.

923 F.3d 240 (2019)

UNITED STATES of America; State of California; 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; Commonwealth of Massachusetts; State of Michigan; 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; and State of Wisconsin, ex rel. Mark McGuire, Wendy Johnson, and Ryan Uehling, Plaintiffs, v. MILLENIUM LABORATORIES, INC., Millenium Laboratories of California, Inc.; James Slattery; Howard Appel, Defendants. Mark McGuire, Cross-Claimant, Appellant, Estate of Robert Cunningham; Ryan Uehling; Omni Healthcare Inc.; Amadeo Pesce; John Doe a/k/a Craig Deligdish, Cross-Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 6, 2019.

Attorney(s) appearing for the Case

Michael Tabb , with whom Thomas M. Greene , Ryan P. Morrison , and Greene LLP, were on brief, for appellant.

Michael B. Bogdanow , with whom Robert Foster and Meehan, Boyle, Black & Bogdanow, P.C., were on brief, for appellees.

Before Torruella, Lynch, and Thompson, Circuit Judges.

The False Claims Act (FCA), 31 U.S.C. § 3729 et seq., authorizes private persons, known as relators, to "bring a civil action... in the name of the Government" against those who make fraudulent claims against the United States, id. § 3730(b)(1). When a relator brings such...

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