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Personal Inj. Med. Malpractice | North Carolina Eastern
Order on Motion to Dismiss for Failure to State a Claim
ORDER - Smith and Nephew's motion to dismiss plaintiff's third amended complaint [DE 30] is GRANTED IN PART. Plaintiff's claim under the federal False Claims Act as against all defendants is DISMISSED with prejudice. To the extent it has been alleged as a separate claim, plaintiff's claim under the federal Anti-Kickback Statute is also DISMISSED. As the causes of action which formed the basis for this Court 's subject matter jurisdiction have been dismissed, the Court, in the exercise of its discretion, REMANDS this case to the Superior Court for Wake County, North Carolina. All remaining motions, as well as the remaining arguments in Smith and Nephew's motion to dismiss, are REMANDED for consideration by the state court. Signed by District Judge Terrence W. Boyle on 9/15/2026. (Sellers, N.)
Notice-other
Notice to State Court of Remand. Sent to Wake Count County Superior Court PO Box 5550 Raleigh, Noth Carolina, 27602 via US Mail. (Sellers, N.)
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