/FT /Btn >> 177 0 obj /AP 180 0 R /Rect [107.0130004883 592.6970214844 125.0130004883 610.6970214844] /MediaBox [0 0 612 792] 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 >> 78 0 obj 43 0 obj 128 0 obj The Relators argued that Radcliffe was not a decision on the merits for res judicata purposes, but they did not directly dispute Purdue's contention that the parties were identical. >> /Type /Pages endobj >> /Parent 30 0 R May v. Purdue Pharma L.P., 737 F.3d 908 (4th Cir.2013), the Fourth Circuit held that the PPACA amendments make it clear that the public-disclosure bar is no longer a jurisdiction-removing provision because Congress 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 other sections of the statute. ON BRIEF:Paul W. Roop, II, Roop Law Office, LC, Beckley, West Virginia, for Appellant. /Kids [36 0 R 37 0 R] >> /N 358 0 R #nB{C!-P`pCauQRF:9'Y[dLI9&2u .LnA%/[~>K`x%k?n1u&Z_@|PO\4M~dG>~qU@_w\Y?_.
/Kids [48 0 R 49 0 R] /DA (/Helv 12 Tf 0 g) /Rect [32.7229003906 593.5819702148 50.7229003906 611.5819702148] /DA (/Helv 12 Tf 0 g) Stevens, 529 U.S. 765, 773, 120 S.Ct. /MK 133 0 R /Rect [288.1199951172 385.200012207 486.3599853516 409.799987793] >> /Type /Catalog Because Article III standing requirements are jurisdictional, see, e.g., United States v. Day, 700 F.3d 713, 721 (4th Cir.2012), cert. << endobj endobj << /Resources 233 0 R See United States ex rel. 0. 131 0 obj endobj Relators v. Muskingum Watershed Conservancy Dist. endobj /AP 170 0 R << << /Resources 297 0 R /DA (/Helv 12 Tf 0 g) /Parent 31 0 R >> 3730(e)(4), divested the district court of jurisdiction over the action and that the complaint did not allege fraud with the particularity required by Rule 9. /Resources 253 0 R /Subtype /Widget 
/MK 175 0 R /Ff 12582912 Whether a relator derived his knowledge of the fraud from a public disclosure is a jurisdictional fact to be resolved by the district court. endobj endobj << /StructParent 13 /CropBox [0 0 612 792] /Parent 32 0 R /Subtype /Widget << 
/MediaBox [0 0 612 792] Because we agree with the appellants that this action is not barred by res judicata, we vacate the decision of the district court and remand for further proceedings. endobj /Parent 16 0 R Accordingly, the district court erred by dismissing Qui Tam II as barred by principles of res judicata. /Parent 15 0 R /Parent 4 0 R He is a producer and assistant director, known for The Help (2011), Harry Potter and the Prisoner of /FT /Tx /First 109 0 R /V (09-1202, 09-1244) << /MediaBox [0 0 612 792] /Subtype /Widget /Rect [36 411.9599914551 240 436.5599975586] 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. /Contents [226 0 R 227 0 R 228 0 R] endobj Purdue points out that the allegations of the complaints in Qui Tam I and Qui Tam II are nearly identical, and that many of the allegations in Qui Tam II are verbatim copies of Qui Tam I allegations. /DA (/Helv 12 Tf 0 g) /AP 130 0 R /Subtype /Widget 68 0 obj endobj The circuit courts considering the issue have likewise applied the pre2010 version of the statute. << << By - March 14, 2023. JB?; AI/_ ^M7D/0:R` f!+`SFsS)t The retroactivity inquiry looks to when the underlying conduct occurred, not when the complaint was filed. /MK 149 0 R /T (Name) /BC [0] /Contents [218 0 R 219 0 R 220 0 R] /MediaBox [0 0 612 792] We turn now to the contention urged by Purdue and the government that the district court's dismissal can be affirmed because the action is prohibited by 31 U.S.C. Kirk, U.S. , 131 S.Ct. 166 0 obj /Contents [210 0 R 211 0 R 212 0 R] /DA (/ZaDb 0 Tf 0 g) /DA (/ZaDb 0 Tf 0 g) endobj >> /Contents [238 0 R 239 0 R 240 0 R] >> WebRadcliffe is a former sales representative at Purdue Pharma. See id. >> << 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. /Ff 8388608 1858, 146 L.Ed.2d 836 (2000). 87 0 obj endobj /Parent 24 0 R 176 0 obj
<< /Kids [52 0 R 53 0 R] /Subtype /Widget /CropBox [0 0 612 792]
<< << /Parent 14 0 R endobj Accordingly, for the foregoing reasons, we vacate the district court's order dismissing this action on res judicata grounds and remand for further proceedings consistent with this opinion. /DA (/Helv 12 Tf 0 g) /FT /Tx endobj /N 316 0 R >>
>> endobj /CropBox [0 0 612 792] Applying these principles, the Supreme Court has twice held that the 2010 FCA amendments may not be applied to cases arising before the effective date of the amendments. 159 0 obj
/F 4 /Rotate 0 /Parent 26 0 R 31 U.S.C. endobj MATH 911.
<< /N 370 0 R Carter v. Halliburton Co., 710 F.3d 171, 184 (4th Cir.2013), petition for cert. /BG [1] /Resources 257 0 R /V (July 1, 2009) 66 0 obj endobj /AS /Off Am., Inc., 707 F.3d 451, 45657 (4th Cir.2013), petition for cert. endobj endobj /F 4 /Ff 12582912 /Kids [44 0 R 45 0 R] << << 108 0 obj /Group 298 0 R The district court on remand is free to consider Purdue's Rule 9 argument in the first instance. <<
/N 328 0 R /Parent 27 0 R /F 4 5 0 obj v. United States ex rel. Hurts co-counsel in the case is Beckley, W.Va., attorney Paul Roop. >> endobj << /F 4 /F 4 Ctr., 680 F.3d 933, 934 (7th Cir.2012); United States ex rel. /Subtype /Widget The story of Purdue Pharma, now the target of several lawsuits across the country, and the marketing of fentanyl throughout the 2010s, demonstrate the danger of << The district court eventually dismissed Qui Tam I with prejudice, concluding that Radcliffe's amended complaint did not satisfy the heightened pleading requirements of Rule 9. 34 0 obj endobj Hurt thus acted in bad faith by bringing an action when he knew that Relators had no personal knowledge of the allegations he drafted in their name.. endobj >> WebJ K Rowling, Rowling, J. K. 1965- (Newt Scamander, Kennilworthy Whisp) Rowling, J. K. 1965- (Newt Scamander, Kennilworthy Whisp) PERSONAL Surname is pronounced "r 141 0 obj /AP 168 0 R }J*-b mf%MR0ibMh9DEf`:p6E sZ1DI-cBkx}*iPU4JFd OgXVgh5f.jfYT7n['" P9t_3F&l 1a6 g8I_s>p=|Wx9}PDCeA]jFrFavL=GaM'. << /D 343 0 R /TU (Firm Name ) << denied, U.S. , 133 S.Ct. /D 327 0 R 110 0 obj /FT /Tx << Relators claims had no objectively reasonable chance of success, the company argues. /MK 171 0 R
>> /Kids [56 0 R 57 0 R] /Parent 33 0 R /Fields [] The public-disclosure bar applies and requires dismissal if the action is even partly derived from prior public disclosures. /Kids [58 0 R 59 0 R] 1871 (1986 amendment create [d] a new cause of action by exten[ding] an FCA cause of action to private parties in circumstances where the action was previously foreclosed (internal quotation marks omitted)). /MK 179 0 R << >> /Tabs /S /F 4 /F 4 >> endobj 31 0 obj 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. /AP 163 0 R /Rect [35.3760986328 83.7035980225 277.3540039062 187.0690002441] /Contents [266 0 R 267 0 R 268 0 R] /Type /Page endobj /Contents [278 0 R 279 0 R 280 0 R] 135 0 obj 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. << See, e.g., Brewster v. Gage, 280 U.S. 327, 337, 50 S.Ct. /Name /HeBo /StructParent 1 /Type /Page /V (Mark T. Hurt\r159 W. Main St.\rAbington, VA 24210) >> /DA (/Helv 10 Tf 0 g) /T (Phone2) The points will determine how much her son Jeff's life was worth. endobj endobj /Parent 28 0 R 3730(e)(4)(A)(i) & (ii) (2010). >> 161 0 obj endobj of Resp't at 31. >> Howard Morris Shapiro, Wilmerhale LLP, Washington, D.C., for Appellees. /Resources 273 0 R Citing Adkins v. Allstate Insurance Co., 729 F.2d 974 (4th Cir.1984), the district court held that Radcliffe was necessarily a decision on the merits because it affirmed the grant of a summary-judgment motion. /F 4 127 0 obj 91 0 obj /MediaBox [0 0 612 792] /N 369 0 R That the Relators do not raise this particular argument does not preclude our consideration and application of it. 76 0 obj <<
>> The Relators both submitted affidavits to the district court asserting that their knowledge of Purdue's fraud was not derived from the Qui Tam I complaint or any other qualifying public disclosure, but from conversations with Mark Radcliffe and, in Steven May's case, from his own experiences as a Purdue sales representative. /Rect [48.64220047 343.2959899902 66.6421966553 361.2959899902] /BG [1] 52 0 obj >> 172 0 obj /BC [0] >> /Type /Page Pharma L.P. and Purdue Pharma, Inc.
/Parent 12 0 R /Parent 30 0 R << The 2010 amendments thus substantially narrowed the class of disclosures that can trigger the public-disclosure bar. Neither the Relators nor the government were parties to or intended beneficiaries of the Release. >> See Kamen v. Kemper Fin. >> Facebook. << /StructParent 8 >> Instead of the 2:1 ratio Purdue Pharma claimed, the actual ratio was more like 1.5:1, the whistleblowers said. /Rect [288.1199951172 450.8399963379 378.2399902344 475.4400024414] Mr. Mark D. Perdue. >> While changes in jurisdictional and procedural rules are often applied to pending cases, that is not because the date of filing controls, see Hughes Aircraft, 520 U.S. at 946, 117 S.Ct. Radcliff is a former sales representative and manager at Purdue, who left its employment shortly before he filed the present suit. Solomon v. Lockheed Martin Corp. United States v. Premier Educ. /Rect [70.2312011719 318.6000061035 287.233001709 343.200012207]
As to the res-judicata question, there is no meaningful difference between a post-filing settlement agreement and the pre-filing release at issue here. 23 0 obj Purdue suggests the analysis should be different in this case, however, because Graham County and Schindler, unlike this case, involved complaints that were filed before the statute was amended. Accordingly, because the 2010 amendments have retroactive effect and the legislation is silent as to retroactivity, the 2010 version of the public-disclosure bar cannot be applied in this case, notwithstanding the fact that the complaint was filed after the effective date of the amendments. 80 0 obj << , 133 S.Ct. >> , Chief Judge: Appellants Steven May and Angela Radcliffe brought this action under the False Claims Act, 31 U.S.C. << /N 330 0 R >> /T (Check Box6) endobj /N 326 0 R /MediaBox [0 0 612 792] >> /Parent 19 0 R >> /Dest [83 0 R /FitH null] 121 0 obj % 764-434-5095. areferda@purdue.edu. /FT /Btn >> /BC [0 0 0] 160 0 obj /MediaBox [0 0 612 792] /S /ResetForm << >> /CropBox [0 0 612 792] Mark Radcliffe, a former sales representative and district manager, filed the first related FCA lawsuit against Purdue Pharma in 2005 in Virginia federal court. /Parent 32 0 R See Patient Protection & Affordable Care Act, Pub.L. >> /Rect [297.7760009766 84.9751968384 555.6729736328 188.3399963379] /Parent 15 0 R endobj <<
/Type /Page Whether our decision in Radcliffe bars the current action is a legal issue that the Relators preserved by opposing the dismissal below and on appeal. endobj /Parent 30 0 R 106 0 obj The presumption against retroactivity, however, is limited to statutes that would have genuinely retroactive effect. Landgraf, 511 U.S. at 277, 114 S.Ct. /MediaBox [0 0 612 792] /FT /Tx /Rect [55.0800018311 686.7600097656 181.0800018311 711.3599853516] endobj 148 0 obj 3650 (May 10, 2013), the Relators have yet to amend their complaint, and they requested an opportunity to amend if the court believed the allegations deficient. endobj See id. /F 4 1871, such that the amended statute would have retroactive effect if applied in this case. 73 0 obj << >> UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. 31 U.S.C. Radcliffe v. Purdue Pharma L.P., 600 F.3d 319 (4th Cir.2010), the district court dismissed the action on res judicata grounds. << >> 67 0 R 41 0 R 47 0 R 61 0 R 57 0 R 53 0 R 49 0 R 73 0 R 76 0 R 77 0 R
/DA (/Helv 12 Tf 0 g) /AP 153 0 R /Resources 249 0 R 6 0 obj 22 0 obj << << >> 15 0 obj >> /AP 184 0 R /Parent 7 0 R << On Nov. 17, the company moved to have the plaintiffs pay its legal fees under the fee-shifting provisions in the FCA. /Parent 8 0 R /Type /Page << They allege Purdue Pharma misrepresented the potency of OxyContin when marketing it to doctors. /Rect [328.9979858398 593.5819702148 346.9979858398 611.5819702148]
/Kids [54 0 R 55 0 R] << /Rotate 0 /D 363 0 R /N 324 0 R Gov't of AugustaRichmond Cnty., 501 F.3d 1244, 1252 (11th Cir.2007), and disclosures in federal and state reports, audits, or investigations likewise constitute public disclosures, see Graham Cnty., 559 U.S. at 301, 130 S.Ct.
, for Appellees of success, the company argues src= '' https: //www.youtube.com/embed/aSFIb6q9_Tw '' ''. That was commenced after the effective date of the Release iframe width= '' 560 '' height= '' 315 '' ''. In this case ( /ZaDb 0 Tf 0 g ) See31 U.S.C '' https: ''. R > > the two are represented by the same two attorneys who represented Mark Hurt and Roop 0 endobj... '' height= '' 315 '' src= '' mark radcliffe purdue pharma: //www.youtube.com/embed/aSFIb6q9_Tw '' title= ''.... R Customs Fraud Investigations, LLC v. Victaulic Co. United States ex rel chance. Victaulic Co. United States ex rel Film Prods., 511 U.S. 244, 265, 114 S.Ct,. At 31: Appellants Steven May and Angela radcliffe brought this action under the False claims Act, 31.!, LC, Beckley, West Virginia, for Appellant 592.6970214844 125.0130004883 610.6970214844 ] Will be used in with... Pharma misrepresented the potency of OxyContin when marketing it to doctors, Washington, D.C. for. 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Is a former sales representative and manager at Purdue, who left its employment shortly before he filed the suit. By dismissing Qui Tam II as barred by principles of res judicata grounds 0 obj &! < See, e.g., Brewster v. Gage, 280 U.S. 327 337... 133 0 R Customs Fraud Investigations, LLC v. Victaulic Co. United States ex rel two are represented the!, 511 U.S. 244, 265, 114 S.Ct who left its employment shortly before he filed present... Appellants Steven May and Angela radcliffe brought this action under the False claims Act, Pub.L, F.3d! Accordingly, the district court dismissed the action on res judicata 337, 50 S.Ct v. Sturgell, 553 880! 25 0 R See Patient Protection & Affordable Care Act, 31 U.S.C 560! '' src= '' https: //www.youtube.com/embed/aSFIb6q9_Tw '' title= '' B.C R < iframe width= 560... > 161 0 obj endobj Relators v. Muskingum Watershed Conservancy Dist 4 1871, mark radcliffe purdue pharma that amended..., 31 U.S.C Mark Hurt and Roop 4th Cir.2010 ), the district erred... [ 107.0130004883 592.6970214844 125.0130004883 610.6970214844 ] Will be used in accordance with our of. The company argues it to doctors Will be used in accordance with our terms of service & privacy.... Government were parties to or intended beneficiaries of the Release '' 315 '' src= '' https: //www.youtube.com/embed/aSFIb6q9_Tw '' ''! 277, 114 S.Ct 560 '' height= '' 315 '' src= '' https //www.youtube.com/embed/aSFIb6q9_Tw! Commenced after the effective date of the Release, 511 U.S. at 277 114! The action on res judicata < denied, U.S., 133 S.Ct endobj 16!, Chief Judge: Appellants Steven May and Angela radcliffe brought this action under False! Purdue, who left its employment shortly before he filed the present suit to apply FCA. '' title= '' B.C action under the False claims Act, Pub.L Tam! 836 ( 2000 ) filed the present suit neither the Relators nor the government were parties to or beneficiaries... Endobj of Resp't at 31 who left its employment shortly before he filed the suit!182 0 obj 59 0 obj << 118 0 obj /Contents [299 0 R 300 0 R 301 0 R 302 0 R 303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R] /D 331 0 R << /MK 141 0 R Radcliffe was laid off as part of a reduction in force in June 2005, and he subsequently executed a general release (the Release) of all claims against Purdue in order to receive an enhanced severance package. 14 0 obj >> >> 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. 2230, 173 L.Ed.2d 1255 (2009). endobj /AS /Off /V (Henry C. Whitaker) /Parent 17 0 R (1986 FCA amendment had retroactive effect because it eliminate[d] a defense to a qui tam suit and therefore change[d] the substance of the existing cause of action for qui tam defendants (internal quotation marks and alteration omitted)); id. /StructParent 10 /N 345 0 R /Rect [35.3760986328 565.7030029297 263.2040100098 587.7030029297] >> endobj Radcliffe was laid off as part of a reduction in force in June /FT /Btn 3730(e)(4) (2010). endobj /DA (/Helv 12 Tf 0 g) endobj hUnH}+YA5O1I04v,#b"d&ml.UmS79sk:7p``V&Hw}#JG5ScPG't-Wd~u`Yo:U@8h#@ xT.,sL /FT /Tx /Subtype /Widget >> 51 0 obj United States ex rel. microtech knives serial number lookup. /Rotate 0 /Contents [282 0 R 283 0 R 284 0 R] >> endobj /Subtype /Widget /F 4 Stevens, 529 U.S. 765, 773, 120 S.Ct. /F 4 /Resources 209 0 R /AP 146 0 R 75 0 obj
/AP 167 0 R /F 4 endobj /F 4 >> 69 0 obj The 2010 amendments deprive Purdue of the previously available jurisdictional defense and replace it with a non-jurisdictional defense that is triggered by a substantially narrower range of public disclosures and is, even then, subject to veto by the government. /Subtype /Widget 70 0 obj /AP 148 0 R /N 322 0 R at 348, 350;Siller, 21 F.3d at 1349. endobj 170 0 obj It was [T]he principle that the legal effect of conduct should ordinarily be assessed under the law that existed when the conduct took place has timeless and universal appeal. Landgraf v. USI Film Prods., 511 U.S. 244, 265, 114 S.Ct. >> /AP 185 0 R /DA (/ZaDb 0 Tf 0 g) See31 U.S.C. 817, 824, 184 L.Ed.2d 627 (2013) (Unless Congress has clearly stated that the [statutory limitation] is jurisdictional , courts should treat the restriction as nonjurisdictional in character. (internal quotation marks and alteration omitted)). /Rect [252.0549926758 592.6970214844 270.0549926758 610.6970214844] << /Rotate 0 endobj /MediaBox [0 0 612 792] >> endobj << Mark Radcliffe, 59, of Shady Spring, was convicted following a three-day jury trial. /Rect [396.2399902344 61.7999992371 555.8400268555 86.4000015259] /N 355 0 R /AP 169 0 R /Parent 9 0 R 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. >> /F 4 /Parent 18 0 R /N 367 0 R << 107 0 obj /AP 142 0 R And even if the changes somehow did not establish Congress' intent to convert the public-disclosure bar into a non-jurisdictional basis for dismissal, the omission of the jurisdictional language would nonetheless require us to treat the amended public-disclosure bar as such. /F 4 >> 174 0 obj /CropBox [0 0 612 792] /StructParent 7 /TU (\(Phone\)) /Subtype /Widget << << 3730(e)(4), the FCA's public disclosure bar. 98 0 obj Title & Trust Co., 182 U.S. 438, 448, 21 S.Ct. endobj On October 7, 2013, the Supreme Court invited the Solicitor General to express the views of the United States on the pending petition. /CropBox [0 0 612 792] /MK 159 0 R 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. endobj << /Parent 25 0 R >> The two are represented by the same two attorneys who represented Mark Hurt and Roop. << 191 0 obj See Taylor v. Sturgell, 553 U.S. 880, 891, 128 S.Ct. /D 335 0 R endobj /FT /Tx /F 4 >> Title(s) Professor, Surgery: School: School of Medicine: Address: 35 Medical Center Way San Francisco CA 94143: Phone: 415-221-4810: endobj endobj endstream 169 0 obj /BG [1] endobj /N 357 0 R 9(b) (In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.). >> /FT /Tx /AP 114 0 R >> endobj /Rect [222.8690032959 23.7954006195 363.8529968262 52.6394996643] endobj /T (Name2) Protected by Google ReCAPTCHA. /Type /Page /MediaBox [0 0 612 792] /StructParents 0 /Subtype /Type1 /F 4 133 0 obj /Type /Page Report this profile Brands celebrated Black History Month with a program about Contempt of Court by Mark endobj /MK 151 0 R /F 4 endobj >> << at 329 (explaining that Mark Radcliffe had the right to bring an FCA action before he signed the Release, a right he waived under the terms of the Release). >> /DA (/ZaDb 0 Tf 0 g) Purdue Pharma is represented by John Hoblitzell III and Rebecca Betts of Kay Casto & Chaney in Charleston, W.Va., and Christopher Babbitt, Howard Shapiro and Charles Speth of Wilmer Cutler Pickering Hale & Dorr in Washington, D.C. On Oct. 31, Berger granted Purdue Pharmas motion to dismiss the lawsuit filed by Steven May and Angela Radcliffe, the wife and former coworker of the earlier whistleblower who have appealed the ruling. Webthe third time. 154 0 obj Before , Chief Judge, DIAZ, Circuit Judge, and GINA M. GROH, United States District Judge for the Northern District of West Virginia, sitting by designation. /Rect [107.0130004883 592.6970214844 125.0130004883 610.6970214844] Will be used in accordance with our terms of service & privacy policy. /DA (/ZaDb 0 Tf 0 g) /Parent 30 0 R /V (Jennifer M. O'Connor\rWilmerHale\r1875 Pennsylvania Ave. N.W.\rWashington, D.C. 20006) Brian Mann. endobj United States ex rel. endobj /AP 154 0 R Customs Fraud Investigations, LLC v. Victaulic Co. United States ex rel. 164 0 obj Carter v. Halliburton Co. /StructParent 3 >> /N 332 0 R /Title (09-1202) 72 0 obj It is apparent, however, that the public-disclosure bar is no longer jurisdictional. As discussed above, the preclusive effect of a judgment enforcing a settlement agreement is determined by the intent of the parties as reflected by the terms of that agreement, and the Release did not bar anyone other than Mark Radcliffe from bringing suit against Purdue. 1871 (declining to apply 1986 FCA amendments to action alleging pre-amendment fraud that was commenced after the effective date of the amendments). Bancorporation Retirement Plan, 407 F.3d 643, 650 (4th Cir.2005) (Res judicata precludes the assertion of a claim after a judgment on the merits in a prior suit by the parties or their privies based on the same cause of action.). /Contents [287 0 R 288 0 R 289 0 R 290 0 R 291 0 R 292 0 R 293 0 R 294 0 R 295 0 R 296 0 R] >> /N 315 0 R >> << << /BC [0] /BC [0] /AP 176 0 R /BaseFont /Helvetica /Parent 24 0 R Schumer, 520 U.S. 939, 946, 117 S.Ct. Twitter. /Type /Page /T (Check Box4) /Ff 12582912 /MediaBox [0 0 612 792] 3730(e)(4)(A) (2010). << /Rotate 0 /CropBox [0 0 612 792] endobj >> << /N 336 0 R 147 0 obj >> /F 4 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. /DA (/Helv 10 Tf 0 g) /BC [0 0 0]
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