Del. Justices Weigh If Partnership Change Kills Standing

Law360, Dover (January 15, 2020, 7:19 PM EST) -- A partnership formed to file a drug-marketing whistleblower complaint in 2011 urged Delaware's Supreme Court Wednesday to reject drug company arguments that the replacement of one member dissolved its standing in the case, during arguments on a Third Circuit inquiry about state partnership law.

The justices’ answer, in a case of first impression, could make or break Delaware-chartered JKJ Partnership 2011 LLP’s bid to overturn the dismissal of its qui tam action in 2018. A U.S. district court judge in New Jersey tossed the action after finding that the switch of a member of the partnership created a new entity no...

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