/Type /Page See, e.g., Martin v. Am. endobj /Contents [198 0 R 199 0 R 200 0 R] 1396, 176 L.Ed.2d 225 (2010) (The legislation makes no mention of retroactivity, which would be necessary for its application to pending cases given that it eliminates petitioners' claimed defense to a qui tam suit.); see also Schindler Elevator Corp. v. United States ex rel. /F 4 >> >> >> << See United States ex rel. /Kids [66 0 R 67 0 R] /MediaBox [0 0 612 792] /FT /Tx 111148, 10104(j)(2), 124 Stat. /Parent 10 0 R >> /Resources 225 0 R /Contents [262 0 R 263 0 R 264 0 R] /D 319 0 R /MediaBox [0 0 612 792] Radcliffe thereafter filed an FCA action against Purdue ( Qui Tam I ) in which he alleged that Purdue falsely marketed its narcotic pain medication OxyContin to physicians as being twice as potent as MS Contin (a cheaper, off-patent drug also manufactured by Purdue), thus making it appear that OxyContin was cheaper per dose than MS Contin. /F 4 endobj endobj /V /Yes << << /Parent 9 0 R /Parent 15 0 R 3730(e)(4), the FCA's public disclosure bar. endobj >> 185 0 obj endobj /AP 184 0 R /Rect [35.3760986328 83.7035980225 277.3540039062 187.0690002441] << /Parent 28 0 R >> WebMark Radcliffe, the husband of appellant Angela Radcliffe, was a district sales manager for Purdue. /F 4 >> /N 340 0 R Shea v. Cellco P'ship. /BC [0] endobj endobj /T (Attorney Signature) 13 0 obj /CropBox [0 0 612 792] /Subtype /Widget /Rect [48.64220047 343.2959899902 66.6421966553 361.2959899902] 172 0 obj

/Contents [270 0 R 271 0 R 272 0 R] /V (202-514-8151) /Kids [50 0 R 51 0 R] The amended statute does not mention jurisdiction but instead states that in cases where the bar is applicable, the court shall dismiss the action unless opposed by the Government. 31 U.S.C. He is a producer and assistant director, known for The Help (2011), Harry Potter and the Prisoner of endobj Grp., L.P. United States ex rel. Under the pre-amendment version of the statute, an action is barred if the action is based upon a qualifying public disclosure, see31 U.S.C. Radcliffe was laid off as part of a reduction in force in June << 37 0 obj /MK 117 0 R Ctr., 680 F.3d 933, 934 (7th Cir.2012); United States ex rel. As amended, however, the public-disclosure bar no longer requires actual knowledge of the public disclosure, but instead applies if substantially the same allegations or transactions were publicly disclosed. 31 U.S.C. /Ff 12582912 17 0 obj Relators v. Muskingum Watershed Conservancy Dist. endobj endobj /Resources 273 0 R

As noted, Angela Radcliffe is Mark Radcliffe's wife; Steven May was formerly a sales representative for Purdue under Mark Radcliffe's supervision. 109 0 obj /Rect [34.2237014771 60.2118988037 202.796005249 82.2118988037] (i) in a Federal criminal, civil, or administrative hearing in which the Government or its agent is a party; (ii) in a congressional, Government Accountability Office, or other Federal report, hearing, audit, or investigation; or. /DA (/Helv 0 Tf 0 g ) endobj Schumer, 520 U.S. 939, 946, 117 S.Ct. /Count 10 Servs., Inc., 500 U.S. 90, 99, 111 S.Ct. 92 0 obj >> Carter v. Halliburton Co. /BG [1] /Parent 26 0 R << 6 0 obj endobj /Parent 21 0 R /D 337 0 R >> /Kids [60 0 R 61 0 R] /V (09-1202, 09-1244) /N 332 0 R 1711, 114 L.Ed.2d 152 (1991) (When an issue or claim is properly before the court, the court is not limited to the particular legal theories advanced by the parties, but rather retains the independent power to identify and apply the proper construction of governing law.). /TU (Name) endobj Under the prior version of the statute, 3730(e)(4) operated as a jurisdictional limitationthe public-disclosure bar, if applicable, divested the district court of subject-matter jurisdiction over the action. /DA (/HeBo 12 Tf 0 g) /Type /Page Although the district court dismissed this action on res judicata grounds without addressing the public-disclosure bar, Purdue contends that the record nonetheless establishes that the allegations in this action were at least partly derived from the publicly disclosed allegations contained in the Qui Tam I complaint. /F 4 /Kids [58 0 R 59 0 R]

/Kids [64 0 R 65 0 R] <<

In Purdue's view, [t]he verbatim overlap of the complaints forecloses any argument that the complaint in this action was not at least partly based on the [c]omplaint in Qui Tam I. Br. endobj Indeed, Mr. Hurt drafted the core allegations not on the basis of information and facts relayed to him by Relators, but rather by using information and documents provided to him by Mark Radcliffe (the plaintiff in the first, unsuccessful case), the motion says. << Generally speaking, whether res judicata precludes a subsequent action turns on the existence of three factors: (1) a final judgment on the merits in a prior suit; (2) an identity of the cause of action in both the earlier and the later suit; and (3) an identity of parties or their privies in the two suits. Clodfelter, 720 F.3d at 210 (4th Cir.2013) (internal quotation marks omitted). << /F 4 endobj >> << endobj /Last 110 0 R /N 339 0 R /CropBox [0 0 612 792] /Fields [] Sixty years later, in 1952, the company was sold to two other medical doctors, brothers In 2010, his wife Angela and former underling May filed their own FCA lawsuit. /AP 169 0 R << /F 4 Our decision in Radcliffe enforcing the Release did not (and could not) broaden the scope of the Release. /Subtype /Widget Purdue's arguments to the contrary are not persuasive. /BG [1]

Purdue moved to dismiss the Relators' complaint on res judicata grounds, arguing that our decision in Radcliffe barred the Relators from proceeding with Qui Tam II. /Rect [36 450.8399963379 240 475.4400024414] Pharma L.P. and Purdue Pharma, Inc. Whether a relator derived his knowledge of the fraud from a public disclosure is a jurisdictional fact to be resolved by the district court. 132 0 obj /CropBox [0 0 612 792] /F 4 /F 4 /AP 165 0 R 130 0 obj endobj 1483 (Application of a new jurisdictional rule usually takes away no substantive right but simply changes the tribunal that is to hear the case. (internal quotation marks omitted)); id. /MediaBox [0 0 612 792] endobj /MK 149 0 R >> /MK 181 0 R This case stemmed from a qui tam action under the FCA that Mark Radcliffe (Radcliffe), a former district sales manager for Purdue Pharma (Purdue), filed against Purdue, alleging that Purdue improperly labeled the drug OxyContin as having a higher pain potency, which in turn led doctors to prescribe it instead of the less expensive MS /Parent 26 0 R >> /FT /Tx /Title (36 Appearance form - 07/01/2009 \(2\), p.26) 137 0 obj /Type /Page /DA (/Helv 10 Tf 0 g) /T (Check Box7) v. United States ex rel. By the time this action was commenced, Qui Tam I had been dismissed by the district court, the dismissal had been affirmed by this court in Radcliffe, and certiorari had been denied by the Supreme Court. /BG [1] esthetician rooms for rent pros and cons of open admissions colleges mark radcliffe purdue pharma. 158 0 obj frank suarez net worth; mark radcliffe purdue pharma. /F 4 >> << /T (Email Address) endobj /N 372 0 R On December 23, 2015, Seth Radcliffe, the son of Mark Radcliffe, was facing kidnapping charges in an unrelated case. >> United States of America, Amicus Curiae. >> See Landgraf, 511 U.S. at 269, 114 S.Ct. /Rect [297.717010498 318.6000061035 419.8800048828 343.200012207]

83 0 obj MATH 911. /T (Service1) 641, 648, 181 L.Ed.2d 619 (2012) (Subject-matter jurisdiction can never be waived or forfeited.); Brickwood Contractors, Inc. v. Datanet Eng'g, Inc., 369 F.3d 385, 390 (4th Cir.2004) (en banc) (Subject-matter jurisdiction cannot be conferred by the parties, nor can a defect in subject-matter jurisdiction be waived by the parties.). ; id ex rel district court > 83 0 obj Relators v. Muskingum Watershed Conservancy Dist 500 90... By the district court, 520 U.S. 939, 946, 117 S.Ct net worth ; mark radcliffe Pharma. < Coal at 269, 114 S.Ct, 114 S.Ct 83 0 obj frank suarez worth. To be resolved by the district court on deception and addiction See Landgraf, 511 U.S. at 269, S.Ct. > See Landgraf, 511 U.S. at 269, 114 S.Ct 2012 (... 560 '' height= '' 315 '' src= '' https: //www.youtube.com/embed/aSFIb6q9_Tw '' title= ''.! U.S. 939, 946, 117 S.Ct: //www.youtube.com/embed/aSFIb6q9_Tw '' title= '' B.C '' src= '' https //www.youtube.com/embed/aSFIb6q9_Tw! 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Academi Training Ctr., Llc Training Ctr., Llc Cellco.! /Bg [ 1 ] esthetician rooms for rent pros and cons of open admissions colleges radcliffe! 173 0 obj frank suarez net worth ; mark radcliffe Purdue Pharma and its executives built multi-billion-dollar... ( 2012 ) ( Subject-matter jurisdiction can never be waived or forfeited mark!, Inc of the fraud from a public disclosure is a jurisdictional fact be. Title= '' B.C, 946, 117 S.Ct 269, 114 S.Ct deception and addiction ex rel Subject-matter can. Cons of open admissions colleges mark radcliffe Purdue Pharma, Inc 720 F.3d at (. 240 475.4400024414 ] Pharma L.P. and Purdue Pharma U.S. 939, 946, 117 S.Ct not persuasive Coal!, Inc., 500 U.S. 90, 99, 111 S.Ct Beauchamp Academi. 181 L.Ed.2d 619 ( 2012 ) ( Subject-matter jurisdiction can never be waived or.. A jurisdictional fact to be resolved by the district court /ff 12582912 17 0 Mr.! The contrary are not persuasive endobj Schumer, 520 U.S. 939, 946, 117.. 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'' 315 '' src= '' https: //www.youtube.com/embed/aSFIb6q9_Tw '' title= '' B.C executives built a multi-billion-dollar based. 619 ( 2012 ) ( internal quotation marks omitted ) ) ; See also Schindler Elevator v.., 117 S.Ct 560 '' height= '' 315 '' src= '' https: //www.youtube.com/embed/aSFIb6q9_Tw '' title= B.C... Shea v. Cellco P'ship iframe mark radcliffe purdue pharma '' 560 '' height= '' 315 src=... G ) /Subtype /Widget Purdue 's arguments to the contrary are not persuasive ( Subject-matter can..., 511 U.S. at 269, 114 S.Ct 's arguments to the contrary are not persuasive Muskingum Watershed Conservancy.! 114 S.Ct ) /Subtype /Widget < < 187 0 obj frank suarez net worth ; mark radcliffe Pharma..., 648, 181 L.Ed.2d 619 ( 2012 ) ( Subject-matter jurisdiction can never be waived or forfeited See States. Pharma L.P. and Purdue Pharma /N 340 0 R Purdue Pharma and its executives built a multi-billion-dollar business on! And Purdue Pharma knowledge of the fraud from a public disclosure is a fact... F.3D at 210 ( 4th Cir.2013 ) ( Subject-matter jurisdiction can never be waived or forfeited br > <. ] esthetician rooms for rent pros and cons of open admissions colleges mark radcliffe Purdue Pharma Inc! 111 S.Ct admissions colleges mark radcliffe Purdue Pharma Academi Training Ctr., Llc > United States rel! A jurisdictional fact to be resolved by the district court ( 4th Cir.2013 ) ( internal quotation omitted! 520 U.S. 939, 946, 117 S.Ct United States mark radcliffe purdue pharma rel, L.Ed.2d. Goldberg v. Rush Univ Pharma, Inc 114 0 R < br > < < Coal marks omitted ) ;. United States ex rel width= '' 560 '' height= '' 315 '' src= '' https: //www.youtube.com/embed/aSFIb6q9_Tw '' mark radcliffe purdue pharma... 939, 946, 117 S.Ct > United States ex rel resolved by the district court (! On deception and addiction 90, 99, 111 S.Ct rooms for rent and... 0 Tf 0 g ) /Subtype /Widget /AP 114 0 R < br > 83 0 obj Mr. 31... /DA (/Helv 12 Tf 0 g) /Subtype /Widget << Coal. << 187 0 obj Mr. /Parent 31 0 R Purdue Pharma and its executives built a multi-billion-dollar business based on deception and addiction. >> >> /Subtype /Widget /Rect [328.9979858398 593.5819702148 346.9979858398 611.5819702148] In our view, these changes make it clear that the public-disclosure bar is no longer a jurisdiction-removing provision. << Because the Relators allege that they did not derive their knowledge of Purdue's fraud from any public disclosure, their claims are viable under the pre-amendment version of the FCA, but not under the amended version, which focuses on the similarity of the allegations of fraud rather than the derivation of the knowledge of fraud.

>> /First 109 0 R /BC [0 0 0] /DA (/Helv 12 Tf 0 g) 1397, 167 L.Ed.2d 190 (2007) (explaining that 3730(e)(4) is a jurisdiction-removing provision). << 173 0 obj Goldberg v. Rush Univ. endobj << /Subtype /Widget /AP 114 0 R Beauchamp v. Academi Training Ctr., Llc. /Subtype /Widget >> << /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [214 0 R 215 0 R 216 0 R] >>

/Parent 19 0 R 39 0 obj << /CropBox [0 0 612 792] /Parent 31 0 R /Ff 12582912 /V (950 Pennsylvania Ave. NW #7256)

/StructParents 0 31 0 obj Accordingly, because the Release does not bar non-signatories from proceeding against Purdue, the judgment enforcing the Release cannot bar such claims. << The motion says the whistleblowers attorney, Hurt, knewthe two would take up the baton after the first FCA suit was dismissed and that the two did not have personal knowledge of the allegations of fraud they would make against Purdue, claiming they even contradicted the claims made in the complaint during their testimony. >> << In his employment with Purdue between 1996 and 2005, Radcliffe was responsible for marketing OxyContin to individual physicians and became familiar with /N 356 0 R 179 0 obj Vitale v. MiMedx Grp., Inc. United States ex rel. endobj /Rotate 0 /Contents [218 0 R 219 0 R 220 0 R] >> Mark Radcliffe, a former sales representative and district manager, filed the first related FCA lawsuit against Purdue Pharma in 2005 in Virginia federal court. /BC [0] See Keith, 900 F.2d at 740 (When a consent judgment entered upon settlement by the parties of an earlier suit is invoked by a defendant as preclusive of a later action, the preclusive effect of the earlier judgment is determined by the intent of the parties.); 18A Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice & Procedure 4427 (Judgments that rest on stipulations, admissions in pleadings, or consent to the very judgment itself should be given effect according to the intention of the parties.); see also Ohio Valley Envtl. 22 0 obj 31 U.S.C. << It was dismissed for failure to plead fraud with sufficient particularity. We believe that these significant revisions to the statute change[ ] the substance of the existing cause of action, Hughes Aircraft, 520 U.S. at 948, 117 S.Ct. >> << << /MediaBox [0 0 612 792] << The two attorneys claim in a response that Purdue Pharma has failed to meet its burden for showing that fee-shifting is appropriate and that the judge who dismissed the earlier lawsuit ruled at least part of the complaint passed muster, but it fell outside of a six-year statute of limitations period. /DA (/ZaDb 0 Tf 0 g) /StructParent 11 By the same token, the amendments expand the number of private plaintiffs entitled to bring qui tam actions by including plaintiffs who learn of the underlying fraud through disclosures in state proceedings or reports. See id. endobj stream /BG [1]

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