BORZILLERI v. BAYER HEALTHCARE PHARMACEUTICALS

No. 20-1066.

24 F.4th 32 (2022)

John R. BORZILLERI, M.D., Relator, Plaintiff, Appellant, United States, ex rel. John R. Borzilleri, M.D., Plaintiff, Appellee, State of California, et al., Plaintiffs, v. BAYER HEALTHCARE PHARMACEUTICALS, INC., et al., Defendants, Appellees, Catamaran Corporation, et al., Defendants.

United States Court of Appeals, First Circuit.

January 21, 2022.


Attorney(s) appearing for the Case

Mary Ann H. Smith for appellant.

Amy R. Romero , Assistant United States Attorney, with whom Aaron L. Weisman , United States Attorney, was on brief, for appellee United States.

Jeffrey S. Bucholtz , Jeremy M. Bylund , King & Spalding LLP, Steven P. Lehotsky , Tara S. Morrissey , and U.S. Chamber Litigation Center on brief for the Chamber of Commerce of the United States of America, amicus curiae.

Before Thompson, Lipez, and Kayatta, Circuit Judges.


In this case of first impression for our circuit, we consider the function of the hearing that is provided by statute when the government moves to dismiss a relator's qui tam action brought under the False Claims Act ("FCA") over the relator's objections. See 31 U.S.C. § 3730(c)(2)(A). The statute...

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