Feb 08, 2010
On December 4, 2009, the U.S. Court of Appeals for the Eleventh Circuit in Atlanta issued a 24-page opinion in James Hopper v. Solvay Pharmaceuticals, Inc., No. 08-15810. The court affirmed the district court’s dismissal of a False Claims Act (FCA), (31 U.S.C. 3729 et. seq.) lawsuit that two former sales representatives (relators) of Solvay Pharmaceuticals, Inc. filed in 2004, in the U.S. District Court for the Middle District of Florida. The Court of Appeals ruled that the relators’ complaint, which had alleged a scheme to market a pharmaceutical off-label, had failed to plead fraud with the specificity required by Rule 9(b) of the Federal Rules of Civil Procedure.
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