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IN RE PLAVIX MARKETING, SALES PRACTICES & PRODUCTS

No. 18-2472.

974 F.3d 228 (2020)

IN RE: PLAVIX MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION (NO. II) 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 Illinois; State of Indiana; State of Iowa; State of Louisiana; Commonwealth of Massachusetts; State of Michigan; State of Minnesota; State of Montana; State of Nevada; State of New Jersey; State of New York; State of North Carolina; State of Oklahoma; State of Rhode Island; State of Tennessee; Commonwealth of Virginia; State of Washington; State of Wisconsin, ex rel. JKJ Partnership 2011 LP v. Sanofi-Aventis U.S. LLC; Sanofi-Aventis U.S. Services, Inc.; Aventis, Inc.; Aventis Pharmaceuticals, Inc.; Bristol-Myers Squibb Company; Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership JKJ Partnership 2011 LLP, Appellant.

United States Court of Appeals, Third Circuit.

Filed: September 1, 2020.

Attorney(s) appearing for the Case

William H. Narwold , Mathew P. Jasinski [ARGUED], Motley Rice, 20 Church Street, One Corporate Center, 17th Floor, Hartford, CT 06103.

W. Scott Simmer , Baron & Budd, 600 New Hampshire Avenue, Suite 10-A, Washington, DC 20037, Counsel for Appellant.

Anand Agneshwar [ARGUED], Arnold & Porter Kaye Scholer, 250 West 55th Street, New York, NY 10019.

Murad Hussain , Kirk Ogrosky , Arnold & Porter Kaye Scholer, 601 Massachusetts Avenue, N.W., Washington, DC 20001.

Gavin J. Rooney , Lowenstein Sandler, One Lowenstein Drive, Roseland, NJ 07068, Counsel for Appellees.

Before: JORDAN, BIBAS, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

To intervene is to butt in, not to be dragged in or to replace an existing party to a lawsuit. But no one butted in here. Three people formed a partnership to sue several pharmaceutical companies as a qui tam relator under the False Claims Act. When one of them left the partnership and was replaced...

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