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Expert Analysis

Circuit Splits Surrounding FCA Endure Post-Takeda

Law360, New York (May 2, 2014, 3:54 PM EDT) -- When the U.S. Supreme Court denied the petition of a relator seeking review of the Fourth Circuit decision United States ex rel. Nathan v. Takeda Pharmaceuticals North America, 707 F.3d 451 (4th Cir. 2013), which had affirmed the dismissal of his complaint based primarily on Federal Rule of Civil Procedure 9(b), the high court maintained the viability of False Claims Act defenses at the motion to dismiss stage, as well as a circuit split on their application....

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