Smith & Nephew Loses 2nd Bid To Kill FCA Dispute

Law360, New York (November 18, 2010, 3:20 PM EST) -- Smith & Nephew Inc. has lost a second bid to dismiss an ex-executive's False Claims Act suit, which alleges the U.K.-based medical device maker misrepresented the origin of products it sold to the U.S. government.

Judge Bernice Bouie Donald of the U.S. District Court for the Western District of Tennessee on Wednesday rejected Smith & Nephew's motion for reconsideration of an order refusing to dismiss the case, as well as its alternative request to certify the order for interlocutory appeal.

The suit accuses Smith & Nephew...
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