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U.S. EX REL. STEURY v. CARDINAL HEALTH, INC.

No. 12-20314.

735 F.3d 202 (2013)

UNITED STATES of America, ex rel., Leslie STEURY, Plaintiff-Appellant, v. CARDINAL HEALTH, INCORPORATED, formerly known as Alaris Medical Systems, Incorporated; Cardinal Health 303, Incorporated, formerly known as Alaris Medical Systems, Incorporated; Cardinal Health Solutions, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 20, 2013.

Attorney(s) appearing for the Case

William David George , Connelly Baker Wotring L.L.P., Houston, TX, for Plaintiff-Appellant.

James P. Holloway, Esq. , Ober, Kaler, Grimes & Shriver, Washington, DC, Matthew William Caligur, Esq. , Charles Thomas Kruse, Baker & Hostetler, L.L.P., Houston, TX, for Defendants-Appellees.

Charles Wylie Scarborough , Thomas Mark Bondy, Esq. , U.S. Department of Justice, Washington, DC, for United States of America.

Before JONES, DENNIS, and HIGGINSON, Circuit Judges.

PER CURIAM:

Two questions are posed in this appeal. The first is whether relator Steury's third amended complaint states a claim under the False Claims Act ("FCA") based solely on an implied false certification of "merchantability" by defendants, Cardinal Health, Inc.; Cardinal Health 303, Inc.; and Cardinal Health Solutions, Inc., successors in interest to Alaris Medical Systems, Inc. (collectively, "Cardinal") to the United States Department of Veterans Affairs...

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