NextStep Arthropedix LLC and others secured dismissal of a False Claims Act suit alleging a medical device kickback scheme because the whistleblower sued 18 minutes after the filing of another related suit.
Whistleblower 3DQA LLC’s suit is barred under the FCA’s first-to-file rule, which precludes parasitic claims that copy first-filed suits, and encourages legitimate whistleblowers to file quickly, Judge Kyle C. Dudek of the US District Court for the Middle District of Florida said in an order to dismiss with prejudice.
“By losing the race to the courthouse—even by 18 minutes—Plaintiffs are simply out of luck,” Dudek said.
3DQA, an ...
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Read Full Story:
https://news.google.com/rss/articles/CBMiswFBVV95cUxNRFZza093c0JNRHRlQkxpUEd2...