United States ex rel. Ambrosecchia v. Paddock Laboratories, No. 16-1506 (8th Cir. 2017)Annotate this Case
The Eighth Circuit affirmed the dismissal of relator's False Claims Act (FCA), 31 U.S.C. 3729 et seq., suit based on the public disclosure bar. Relator alleged that defendants sought reimbursement from Medicare and Medicaid for ineligible drugs. The Eighth Circuit concluded that the amended public disclosure bar was appropriately resolved on a motion to dismiss, even assuming that it no longer poses a jurisdictional question; relator's complaint was insufficient to plausibly state that she qualified as an original source; the district court did not abuse its discretion in denying leave to amend; and the district court did not abuse its discretion by allowing Paddock and Perrigo to jointly file a motion to dismiss the second amended complaint.
Court Description: Gruender, Author, with Riley, Circuit Judge, and Gritzner, District Judge] Civil case - False Claims Act. The district court did not err in dismissing this FCA suit based on the Act's public disclosure bar, 31 U.S.C. Section 3730(e)(4); the public disclosure bar can be resolved by a motion to dismiss; plaintiff's complaint was insufficient to plausibly state that she qualified as an original source; the district court did not abuse its discretion by denying leave to amend; allowing a party to join another party's motion to dismiss is well within the district court's discretion.