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U.S. EX REL. ESTATE OF CUNNINGHAM v. MILLENNIUM LABORATORIES OF CALIFORNIA

No. 12-1258.

713 F.3d 662 (2013)

UNITED STATES ex rel. ESTATE OF Robert CUNNINGHAM, Plaintiff, Appellant, v. MILLENNIUM LABORATORIES OF CALIFORNIA, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 12, 2013.

Attorney(s) appearing for the Case

John Roddy , with whom Elizabeth Ryan , Bailey & Glasser LLP, Robert A. Griffith , Dana P. Petrillo , and Gargiulo/Rudnick, LLP, was on brief for appellant.

Catherine E. Stetson , with whom Jessica L. Ellsworth , David M. Ginn , and Hogan Lovells U.S. LLP, were on brief for appellee.

Before TORRUELLA, HOWARD and THOMPSON, Circuit Judges.

TORRUELLA, Circuit Judge.

This is an appeal from a dismissal of a federal False Claims Act ("FCA") complaint on grounds that it was jurisdictionally barred by the FCA's public disclosure provision. The Appellant, the Estate of Robert Cunningham ("Relator"),1 brought an FCA suit against Millennium Laboratories of California ("Millennium") and John Doe physicians (collectively, "Appellees"), alleging that Millennium encouraged physicians...

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