Executive Summary
Government can file a motion to dismiss an FCA case whenever it intervenes, whether it does so during the seal period or later, court says. District courts should assess motion to dismiss using rules in civil litigation.
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Justices cite changing circumstances, constitutional concerns in preventing government from seeking dismissal of a case in which it initially declined to intervene. They also question whether government should intervene before moving to dismiss.
High court is to determine whether the government can dismiss an FCA complaint after initially declining to take it on. In recent years, the government has dismissed numerous qui tam suits against pharma companies in which it did not intervene.
Court found FDA erred in finding Melinta received notice of Paragraph IV certification for generic Minocin on date specified by Nexus. Agency will not require Nexus to send a new notice or give Melinta heads up of final approval of the ANDA.
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