United States Of America v. Novartis Pharmaceuticals Corporation, No. 1:2011cv00071 - Document 110 (S.D.N.Y. 2014)

Court Description: MEMORANDUM OPINION AND ORDER. For the reasons set forth above, Novartis's motion to dismiss the United States' Amended Complaint is denied. Novartis's motion to dismiss New York's Complaint is granted as to New York's claims under Social Services Law § 145-b and Executive Law § 63(12), to the extent that they relate to conduct occurring prior to August 26, 2010. In all other respects, Novartis's motion to dismiss New York's Complaint is denied. Novart is's motion to dismiss Relator's (1) federal FCA kickback claims in the Third Amended Complaint is denied as moot; (2) state law kickback claims is denied without prejudice; (3) federal off-label promotion claim under the FCA is granted wit h prejudice; and (4) state law off-label promotion claim is granted. The Clerk of the Court is directed to terminate the motions (Dkt. Nos. 79, 81, 98). re: 81 MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York") filed by Novartis Pharmaceuticals Corporation, 98 MOTION to Dismiss ("Notice of Motion to Dismiss Relator's Third Amended Complaint") filed by Novartis Pharmaceuticals Corporation, 79 MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America") filed by Novartis Pharmaceuticals Corporation. (Signed by Judge Paul G. Gardephe on 9/30/2014) (rjm).