1st Circ. Won't Revive J&J Whistleblower's Kickback Suit

Law360, Los Angeles (June 12, 2013, 10:12 PM EDT) -- The First Circuit on Wednesday refused to revive an employee whistleblower’s False Claims Act suit alleging a Johnson & Johnson unit paid illegal kickbacks to doctors and hospitals, finding the lower court had correctly limited the scope of discovery.

Chinyelu Duxbury, whose now-deceased husband accused his former employer Ortho Biotech Products LP — now known as Janssen Biotech Inc. — in 2003 of paying kickbacks to medical practitioners who prescribed the anemia drug Procrit, argued in January that U.S. District Judge Rya W. Zobel had wrongly...
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