3730(e)(4)(A) (2005) (emphasis added). /MK 125 0 R >> Enlarge this image. /AS /Off

/MediaBox [0 0 612 792] /F 4 /DA (/Helv 12 Tf 0 g) /Parent 15 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. /BG [1] /F 4 /Rect [413.8999938965 592.6970214844 431.8999938965 610.6970214844] endobj endobj 74 0 obj /F 4 /Kids [50 0 R 51 0 R] /FT /Btn /StructParent 6 Beauchamp v. Academi Training Ctr., Llc. >> << /AP 111 0 R /BaseFont /Helvetica-Bold >> /Parent 31 0 R The government investigated Radcliffe's allegations and declined to intervene in his action. Zizic v. Q2Administrators, LLC, 728 F.3d 228, 232 n. 3 (3d Cir.2013); United States ex rel. Antoon v. Cleveland Clinic Found. >> endobj /F 4 Mistick PBT v. Housing Auth., 186 F.3d 376, 386 (3d Cir.1999) (collecting cases), this circuit has interpreted the clause as barring only those actions where the relator's knowledge of the fraud alleged was actually derived from the public disclosure itself. However, a jurisdictional dismissal still operates to bar relitigation of issues actually decided by that former judgment. Goldsmith, 987 F.2d at 1069. /Resources 241 0 R /AP 136 0 R << /D 347 0 R << Its battle that Isaacs, a former mortgage fraud expert at Citigroup, has been fighting since she and her son Ryan became dependent on OxyContin, Purdue /MediaBox [0 0 612 792] endobj endobj /Rect [297.7760009766 84.9751968384 555.6729736328 188.3399963379] /Resources 213 0 R /Parent 6 0 R >> endobj endobj /CropBox [0 0 612 792] << 41 (Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this ruleexcept one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19operates as an adjudication on the merits.); Shoup v. Bell & Howell Co., 872 F.2d 1178, 1181 (4th Cir.1989) ([F]or purposes of res judicata, a summary judgment has always been considered a final disposition on the merits. (internal quotation marks omitted)).

endobj In this qui tam action under the False Claims Act (FCA), 31 U.S.C.A.

/Subtype /Widget Goldberg v. Rush Univ. 84 0 obj 180 0 obj << /MK 181 0 R /TU (Party Name) Radcliffe v. Purdue Pharma L.P., 600 F.3d 319 (4th Cir.2010), the district court dismissed the action on res judicata grounds. /Rect [107.0130004883 592.6970214844 125.0130004883 610.6970214844] << 61 0 obj /DA (/ZaDb 0 Tf 0 g) >> >> << /StructParent 3

/MK 143 0 R /AS /Off x+ | endobj /Type /Page As previously noted, the pre-amendment version of the public-disclosure bar provides that: No court shall have jurisdiction over an action under this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. /Kids [74 0 R 75 0 R 76 0 R 77 0 R] /StructParent 13 The allegation is contained in a motion asking U.S. District Judge Irene Berger, of the Southern District of West Virginia, to force the plaintiffs and their attorneys to pay the companys nearly $850,000 legal bill in the second case, which Berger dismissed on Oct. 31. << >> /DA (/Helv 12 Tf 0 g) The Release executed by Mark Radcliffe in Qui Tam I was personal to him and addressed only his rights and the claims that he might assert against Purdue. endobj Am., Inc., 707 F.3d 451, 45657 (4th Cir.2013), petition for cert. United States 3010 (June 24, 2013) (Because the district court should have the opportunity in the first instance to address the facts relevant to public disclosure, we remand this issue to the district court.); Siller, 21 F.3d at 1349 (remanding for district court to determine whether allegationswere actually derived from prior suit). >> 79 0 obj >> >> /V (Washington, D.C. 20530) /Type /Catalog 22 0 obj 94 0 obj 49 0 obj /V (Mark T. Hurt\r159 W. Main St.\rAbington, VA 24210) endobj endobj /N 311 0 R

/CropBox [0 0 612 792] 146 0 obj /N 364 0 R /FT /Tx /TU (Reset Form) endobj endobj >> endobj /AS /Off Chief Judge wrote the opinion, in which Judge DIAZ and Judge GROH joined. 127 0 obj <<

147 0 obj /Rect [35.1156005859 484.7739868164 239.4759979248 504.733001709] /T (Voice Phone) /Resources 277 0 R /Kids [60 0 R 61 0 R] endobj /Resources 265 0 R 189 0 obj /DA (/ZaDb 0 Tf 0 g) endobj endobj See31 U.S.C. endobj Title & Trust Co., 182 U.S. 438, 448, 21 S.Ct. >> 3 0 obj /CropBox [0 0 612 792] 169 0 obj << See id. STEVEN MAY AND ANGELA RADCLIFFE, Plaintiff , Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, holding that a False Claims Act rule that "[t]he court shall dismiss an action" based on publicly disclosed information is not jurisdictional. >> /Ff 8388608 /BC [0] >> /N 351 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.

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<< preston mn weather 10 day forecast. /Rotate 0 /Contents [274 0 R 275 0 R 276 0 R] /DA (/Helv 12 Tf 0 g) The 2010 amendments similarly imperil the Relators' right to assert their claims against Purdue, a right they possessed and could have acted upon up until the moment that the amendments took effect. >> /N 371 0 R /BC [0] In addition to ruling the whistleblowers failed to sufficiently plead their allegations, Berger also found that their suit was barred by a rule that says whistleblowers cant bring suit over information that has already been made public.

The amended complaint does not contain allegations that connect the dots for even a single alleged false claim Berger wrote. endobj /N 334 0 R << National. >> 106 0 obj endobj /FT /Btn >> 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. /Parent 33 0 R << They alleged these statements were made to doctors whose patients obtained prescriptions paid for by the government, creating a claim under the False Claims Act. >> 38 0 obj endobj >> 2038, 185 L.Ed.2d 887 (2013), and jurisdictional dismissals are not judgment [s] on the merits for purposes of res judicata, Goldsmith v. Mayor of Balt., 987 F.2d 1064, 1069 (4th Cir.1993), the Relators argue that Radcliffe is not entitled to preclusive effect. /MediaBox [0 0 612 792] /BG [1] << endobj >> /Count 26 /TU (Firm Name ) The legislature cannot extinguish an existing cause of action by enacting a new limitation period without first providing a reasonable time after the effective date of the new limitation period in which to initiate the action. (citations and internal quotation marks omitted)). endobj 13 0 obj << /DA (/Helv 12 Tf 0 g) endobj << We did not conclude that Radcliffe lost standing when he executed the Release, but instead simply held that his execution of the Release effected a waiver of his right to sue Purdue. /Subtype /Widget /N 330 0 R << >> /F 4

/Type /Pages /Dest [108 0 R /FitH null] /Ff 12582912 140 0 obj << /Rect [35.3760986328 565.7030029297 263.2040100098 587.7030029297] Because the Relators have not had the opportunity to amend their complaint, we believe it would be improper to rely on any Rule 9 deficiencies to affirm the district court's dismissal of the action with prejudice. 19 0 obj >> >> /N 346 0 R /N 369 0 R /StructParent 5 /MK 151 0 R >> The similarity between the allegations in each complaint could provide a basis for disbelieving the Relators' assertions, see Vuyyuru, 555 F.3d at 35051, but that is an issue for the district court as fact-finder, not this court. In the conclusion of the response, the attorneys say Purdues allegations of bad faith and its personal attack on them are a lamentable tactic used to get an advantage in litigation. 107 0 obj /Subtype /Widget << /FT /Btn endobj /TU (Fax Number) << 166 0 obj /Type /Pages Grp., L.P. United States ex rel. endobj endobj /CropBox [0 0 612 792] /Rotate 0 >> /AS /Off Jamison v. McKesson Corp., 649 F.3d 322, 326 n. 6 (5th Cir.2011); United States ex rel. /MK 177 0 R endobj /Prev 310 0 R 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. /Subtype /Widget /Type /Page endobj endobj Sixty years later, in 1952, the company was sold to two other medical doctors, brothers /AP 156 0 R /Resources 253 0 R << endobj Vuyyuru v. Jadhav, 555 F.3d 337, 351 (4th Cir.2009). >> << WebPurdue Pharma L.P. University of Pennsylvania Carey Law School. endobj /N 355 0 R /F 4 /MediaBox [0 0 612 792] << /Type /Page endobj /Rect [297.717010498 318.6000061035 419.8800048828 343.200012207] >> endobj 3730(e)(4)(A)(i) & (ii) (2010). /StructParent 4 << << << /AS /Off /CropBox [0 0 612 792] filed,82 U.S.L.W. 59 0 obj /D 337 0 R

/Count 4 /BC [0] endobj /FT /Tx /F 4 << /StructParent 11 This appeal followed. endobj endobj >> /Resources 233 0 R /Resources 237 0 R /AP 183 0 R /Contents [282 0 R 283 0 R 284 0 R] endobj /Parent 31 0 R >> << ON BRIEF:Paul W. Roop, II, Roop Law Office, LC, Beckley, West Virginia, for Appellant. /Rect [178.6490020752 592.6970214844 196.6490020752 610.6970214844] Henry C. Whitaker, United States Department of Justice, Washington, D.C., for Amicus Curiae. endobj endobj We disagree. << endobj /F 4 >> /F 4 << /Subtype /Widget << If the district court determines that the Relators' knowledge of the fraud alleged here was actually derived, even in part, from a qualifying public disclosure and that the Relators are not original sources of the information, then the district court must dismiss this action for lack of subject-matter jurisdiction. >> endobj v. Aracoma Coal Co., 556 F.3d 177, 211 (4th Cir.2009) (Settlement agreements operate on contract principles, and thus the preclusive effect of a settlement agreement should be measured by the intent of the parties. (internal quotation marks omitted)). << /Type /Page /V (Henry C. Whitaker) >> The 2010 amendments thus deleted the unambiguous jurisdiction-removing language previously contained in 3730(e)(4) and replaced it with a generic, not-obviously-jurisdictional phrase (shall dismiss), while at the same time retaining jurisdiction-removing language in 3730(e)(1) and (e)(2). 52 0 obj /F 4 99 0 obj << /Subtype /Type1 Because the district court has not made the factual findings necessary to determine whether the public-disclosure bar precludes this action, we must remand this case to the district court for discovery and other proceedings as necessary to resolve the issues related to the applicability of the public-disclosure bar. endobj

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/Parent 32 0 R 133 0 obj /Type /Font In Purdue, the Fourth Circuit held that the amendments are also inapplicable to claims arising from conduct that took place before the effective date, even if the complaint was filed after that date. /AP 176 0 R /Rect [48.64220047 343.2959899902 66.6421966553 361.2959899902] /MediaBox [0 0 612 792] 70 0 obj endobj