mark radcliffe purdue pharma
/Name /ZaDb endobj 184 0 obj unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. /CropBox [0 0 612 792] /StructParent 13 /T (Check Box6) 
/Rotate 0 61 0 obj /TU (Name) 117 0 obj Mark Radcliffe, a former sales representative and district manager, filed the first related FCA lawsuit against Purdue Pharma in 2005 in Virginia federal court. 89 0 obj The public-disclosure bar applies and requires dismissal if the action is even partly derived from prior public disclosures. << Wilson, 559 U.S. 280, 283 n. 1, 130 S.Ct. /Rect [35.1156005859 484.7739868164 239.4759979248 504.733001709] While changes in jurisdictional and procedural rules are often applied to pending cases, that is not because the date of filing controls, see Hughes Aircraft, 520 U.S. at 946, 117 S.Ct. That the Relators do not raise this particular argument does not preclude our consideration and application of it. >> << Ubl v. IIF Data Solutions, 650 F.3d 445, 451 (4th Cir.2011) (explaining that the effect of an agreement settling FCA claims is a question of federal common law as to which the Restatement (Second) of Contracts provides guidance). << 41 (Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this ruleexcept one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19operates as an adjudication on the merits.); Shoup v. Bell & Howell Co., 872 F.2d 1178, 1181 (4th Cir.1989) ([F]or purposes of res judicata, a summary judgment has always been considered a final disposition on the merits. (internal quotation marks omitted)). endobj /F 4 
/DA (/Helv 12 Tf 0 g) >> /Parent 30 0 R /DA (/Helv 12 Tf 0 g) endobj These defendants must be held accountable for their role in the opioid epidemic that has ravaged our state and claimed /F 4 /AP 130 0 R /DA (/ZaDb 0 Tf 0 g) Brown v. Angelone, 150 F.3d 370, 373 (4th Cir.1998) (When application of a new limitation period would wholly eliminate claims for substantive rights or remedial actions considered timely under the old law, the application is impermissibly retroactive. << endobj The Relators argue on appeal that the district court erred by giving preclusive effect to Radcliffe and dismissing their action on res judicata grounds. >> /DA (/Helv 12 Tf 0 g) /Prev 310 0 R 
/AP 164 0 R << 3730(e)(4)(A) (2010) (emphasis added). >> 161 0 obj 124 0 obj endobj 166 0 obj << /Resources 197 0 R >> /StructParent 9 United States ex rel. endobj /Subtype /Widget >> endobj << /DA (/Helv 12 Tf 0 g) /Parent 24 0 R /T (Check Box7) endobj << << << << /TU (Party Name) >> << We disagree. endobj /CA (Reset Form) /Count 10 In this qui tam action under the False Claims Act (FCA), 31 U.S.C.A. He subsequently executed a general release (the /Rect [55.0800018311 686.7600097656 181.0800018311 711.3599853516] In our view, these changes make it clear that the public-disclosure bar is no longer a jurisdiction-removing provision. endobj << >> << << /MediaBox [0 0 612 792] The 2010 amendments deprive Purdue of the previously available jurisdictional defense and replace it with a non-jurisdictional defense that is triggered by a substantially narrower range of public disclosures and is, even then, subject to veto by the government. /Subtype /Widget 372933 (the FCA), against Purdue Pharma L.P. and Purdue Pharma, Inc. (together, Purdue). /D 361 0 R << /Ff 12582912 /Parent 16 0 R 3 0 obj << ARGUED:Mark Tucker Hurt, Abingdon, Virginia, for Appellant. 73 0 obj endobj endobj << Accordingly, for the foregoing reasons, we vacate the district court's order dismissing this action on res judicata grounds and remand for further proceedings consistent with this opinion. Winkelman v. CVS Caremark Corp. United States ex rel. /F 4 endobj 29 0 obj Purdue moved to dismiss the Relators' complaint on res judicata grounds, arguing that our decision in Radcliffe barred the Relators from proceeding with Qui Tam II. /BG [1] 186 0 obj 182 0 obj (1986 FCA amendment had retroactive effect because it eliminate[d] a defense to a qui tam suit and therefore change[d] the substance of the existing cause of action for qui tam defendants (internal quotation marks and alteration omitted)); id. 3730(e)(4)(A)(i) & (ii) (2010). >> A private enforcement action under the FCA is called a qui tam action, with the private party referred to as the relator. United States ex rel. /Rect [55.0800018311 686.7600097656 181.0800018311 711.3599853516] /Next 310 0 R 97 0 obj 113 0 obj >> >> 28 0 obj /AP 183 0 R 50 0 obj /Contents [274 0 R 275 0 R 276 0 R] /Subtype /Widget 38 0 obj >> Purdue Pharma is seeking $849,660.55 from the whistleblowers and their attorneys. >> << First, Purdue contends that dismissal was proper because the Relators' complaint fails to allege fraud with the specificity required by Rule 9 of the Rules of Civil Procedure. Mark Radcliffe, 59, of Shady Spring, who previously owned and operated shuttered pain clinics in Kanawha City and Raleigh County, was found guilty of 139 0 obj 2038, 185 L.Ed.2d 887 (2013), and jurisdictional dismissals are not judgment [s] on the merits for purposes of res judicata, Goldsmith v. Mayor of Balt., 987 F.2d 1064, 1069 (4th Cir.1993), the Relators argue that Radcliffe is not entitled to preclusive effect. 128 0 obj >> /MK 147 0 R /Kids [103 0 R 104 0 R 105 0 R 106 0 R 107 0 R 108 0 R] Web1892. << >> 31 U.S.C. >> Shea v. Cellco P'ship. 165 0 obj /Rotate 0 After all, they were suing Purdue, not for any injuries that they had personally suffered, but for Purdues fraud against the Government, a response filed Dec. 4 says. /F 4 endobj 
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.LnA%/[~>K`x%k?n1u&Z_@|PO\4M~dG>~qU@_w\Y?_. /Type /Page endobj We believe that these significant revisions to the statute change[ ] the substance of the existing cause of action, Hughes Aircraft, 520 U.S. at 948, 117 S.Ct. /TU (Email Address) /FT /Tx /Contents [246 0 R 247 0 R 248 0 R] /Type /Page << 'Dopesick' casts the Sacklers as villains of the opioid crisis. >> /MediaBox [0 0 612 792] /N 317 0 R << /T (Name) WebPurdue Pharma L.P. University of Pennsylvania Carey Law School. 21 0 obj They say it is a reflection on the decline of civility in the legal profession. endobj Whether a relator derived his knowledge of the fraud from a public disclosure is a jurisdictional fact to be resolved by the district court. << The government investigated Radcliffe's allegations and declined to intervene in his action. endobj /Parent 26 0 R /Subtype /Widget endobj Mistick PBT v. Housing Auth., 186 F.3d 376, 386 (3d Cir.1999) (collecting cases), this circuit has interpreted the clause as barring only those actions where the relator's knowledge of the fraud alleged was actually derived from the public disclosure itself. >> See, e.g., Mayfield v. NASCAR, Inc., 674 F.3d 369, 379 (4th Cir.2012) ([A] request to amend should only be denied if one of three facts is present: the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or amendment would be futile. (internal quotation marks omitted)). /AP 165 0 R /FT /Tx 178 0 obj /Type /Page /D 325 0 R endobj /N 346 0 R /N 340 0 R /AS /Off v. United States ex rel. /Type /Page /Type /Page 3729-3733 (West 2003 & Supp. /MediaBox [0 0 612 792] /V (s/ Henry Whitaker) << 1483 (Because rules of procedure regulate secondary rather than primary conduct, the fact that a new procedural rule was instituted after the conduct giving rise to the suit does not make application of the rule at trial retroactive.). /Filter /FlateDecode As amended, however, the public-disclosure bar no longer requires actual knowledge of the public disclosure, but instead applies if substantially the same allegations or transactions were publicly disclosed. 31 U.S.C. /Resources 225 0 R Kirk, U.S. , 131 S.Ct. /CropBox [0 0 612 792] 
1483 (internal quotation marks omitted). /Subtype /Widget /Subtype /Widget Poteet v. Bahler Med., Inc., 619 F.3d 104, 107 n. 2 (1st Cir.2010); United States ex rel. 185 0 obj /T (Case Number) See Am. The company made a tonic compound made with sherry and glycerin. << /Subtype /Widget 146 0 obj << 88 0 obj /N 358 0 R /Parent 3 0 R /Ff 8388608 >> /Rotate 0 99 0 obj /Annots [34 0 R 50 0 R 64 0 R 36 0 R 58 0 R 70 0 R 68 0 R 78 0 R 80 0 R 38 0 R /DA (/ZaDb 0 Tf 0 g) << /DA (/Helv 12 Tf 0 g) Radcliff is a former sales representative and manager at Purdue, who left its employment shortly before he filed the present suit. /Parent 31 0 R /CreationDate (D:20100401093022-05'00') /Count 10 /Resources 217 0 R /AP 182 0 R 
Under Siller, the question is not whether the allegations set out in the relator's complaint are similar to publicly disclosed allegations of fraud; the question is whether the relator's knowledge of the fraud was actually derived from the public disclosurethat is, whether the relator learned about the fraud from the public disclosure. << /Resources 233 0 R << << /DA (/Helv 12 Tf 0 g) 33 0 obj Carter v. Halliburton Co., 710 F.3d 171, 184 (4th Cir.2013), petition for cert. /N 342 0 R 19 0 obj /Parent 30 0 R << /AS /Off }J*-b mf%MR0ibMh9DEf`:p6E sZ1DI-cBkx}*iPU4JFd OgXVgh5f.jfYT7n['"
P9t_3F&l
1a6 g8I_s>p=|Wx9}PDCeA]jFrFavL=GaM'. Grp., L.P. United States ex rel. 119, 90102. /Rect [178.6490020752 592.6970214844 196.6490020752 610.6970214844] holding that 2010 amendments to public-disclosure bar now render the provision nonjurisdictional, holding that the PPACA amendments make it clear that the public-disclosure bar is no longer a jurisdiction-removing provision, recognizing "that the 2010 FCA amendments may not be applied to cases arising before the effective date of the amendments", explaining that because the Fourth Circuit had not used the substantially-the-same standard, the 2010 amendment "changed the required connection between the plaintiff's claims and the qualifying public disclosure" in that circuit, noting that the qui tam provisions of the FCA statutorily vests private citizens with standing (citing Vt. Agency of Natural Res. /T (Party Name) /DA (/Helv 12 Tf 0 g) Before , Chief Judge, DIAZ, Circuit Judge, and GINA M. GROH, United States District Judge for the Northern District of West Virginia, sitting by designation. endobj /Parent 31 0 R >> << /AS /Off Radcliffe thereafter filed an FCA action against Purdue ( Qui Tam I ) in which he alleged that Purdue falsely marketed its narcotic pain medication OxyContin to physicians as being twice as potent as MS Contin (a cheaper, off-patent drug also manufactured by Purdue), thus making it appear that OxyContin was cheaper per dose than MS Contin. Its battle that Isaacs, a former mortgage fraud expert at Citigroup, has been fighting since she and her son Ryan became dependent on OxyContin, Purdue Stevens, 529 U.S. 765, 773, 120 S.Ct. << /Resources 229 0 R 180 0 obj 
endobj Sixty years later, in 1952, the company was sold to two other medical doctors, brothers endobj /BG [1] >> See, e.g., Brewster v. Gage, 280 U.S. 327, 337, 50 S.Ct. See31 U.S.C. endobj /Parent 4 0 R /CA (Reset Form) endobj /Kids [64 0 R 65 0 R] x+ |
<< The district court eventually dismissed Qui Tam I with prejudice, concluding that Radcliffe's amended complaint did not satisfy the heightened pleading requirements of Rule 9. endobj endobj /MediaBox [0 0 612 792] << /Subtype /Widget /Parent 25 0 R /AS /Off << Our Nuclear Pharmacy CE Program and Educational Portal are now available, including Radcliffe v. Purdue << /Group 286 0 R Indeed, Mr. Hurt drafted the core allegations not on the basis of information and facts relayed to him by Relators, but rather by using information and documents provided to him by Mark Radcliffe (the plaintiff in the first, unsuccessful case), the motion says. >> See United States ex rel. /Parent 7 0 R The presumption against retroactivity, however, is limited to statutes that would have genuinely retroactive effect. Landgraf, 511 U.S. at 277, 114 S.Ct. /AP 120 0 R Vitale v. MiMedx Grp., Inc. United States ex rel. << 1711, 114 L.Ed.2d 152 (1991) (When an issue or claim is properly before the court, the court is not limited to the particular legal theories advanced by the parties, but rather retains the independent power to identify and apply the proper construction of governing law.). /Parent 15 0 R /Rect [33.6072998047 632.9180297852 425.9339904785 654.9180297852] endobj Radcliffe was laid off as part of a reduction in force in June 2005, and he << /F 4 >> /MediaBox [0 0 612 792] The district court therefore dismissed the action withoutconsidering the other issues raised by Purdue. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. By the time this action was commenced, Qui Tam I had been dismissed by the district court, the dismissal had been affirmed by this court in Radcliffe, and certiorari had been denied by the Supreme Court. 31 U.S.C. Purdue makes two additional arguments for sustaining the district court's dismissal of this action that do not require extended discussion. Their lack of knowledge of the minutiae does not somehow render the complaint frivolous or filed in bad faith. /Type /Page endobj /Parent 9 0 R >> /Contents [270 0 R 271 0 R 272 0 R] We did not conclude that Radcliffe lost standing when he executed the Release, but instead simply held that his execution of the Release effected a waiver of his right to sue Purdue. WebMark Radcliffe was born on October 7, 1952 in Tulsa, Oklahoma, USA. The retroactivity inquiry looks to when the underlying conduct occurred, not when the complaint was filed. Carter v. Halliburton Co. And even if the changes somehow did not establish Congress' intent to convert the public-disclosure bar into a non-jurisdictional basis for dismissal, the omission of the jurisdictional language would nonetheless require us to treat the amended public-disclosure bar as such. The 2010 amendments thus deleted the unambiguous jurisdiction-removing language previously contained in 3730(e)(4) and replaced it with a generic, not-obviously-jurisdictional phrase (shall dismiss), while at the same time retaining jurisdiction-removing language in 3730(e)(1) and (e)(2). /BC [0] /Parent 31 0 R /Type /Page << See Keith v. Aldridge, 900 F.2d 736, 74041 (4th Cir.1990). >> /DA (/Helv 12 Tf 0 g) Public-Disclosure bar applies and requires dismissal if the action is even partly derived from prior public disclosures Aviation! Civility in the legal profession R Accordingly, the company argues Our decision in Radcliffe enforcing Release... A law firm and do not raise this particular argument does not Our. Marks omitted ) ) the Release did not ( and could not ) broaden the of. Radcliffe 's allegations and declined to intervene in his action 75 0 R 77 0 R Vitale v. MiMedx,. They say it is a reflection on the decline of civility in the legal profession 77 0 R Kirk U.S.. 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