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PharMerica Corp. v. United States ex rel. Gadbois

Petition for certiorari denied on June 27, 2016

Docket No. Op. Below Argument Opinion Vote Author Term
15-1309 1st Cir. N/A N/A N/A N/A OT 2015

Issue: Whether, as the Fourth, Seventh, and Tenth Circuits have held, courts must apply the first-to-file bar as of the time the follow-on case is filed and dismiss a copycat qui tam action brought when a related action is pending; or whether, as the First Circuit held, subsequent events can cure the first-to-file defect, such that a follow-on case may avoid the statutory bar simply by remaining on the docket until the first-filed action inevitably ends.

DateProceedings and Orders (key to color coding)
04/22/2016Petition for a writ of certiorari filed. (Response due May 26, 2016)
05/23/2016Brief of respondent United States, ex rel. Robert Gadbois in opposition filed.
05/26/2016Motion for leave to file amicus brief filed by New England Legal Foundation.
06/06/2016Reply of petitioner PharMerica Corporation filed.
06/07/2016DISTRIBUTED for Conference of June 23, 2016.
06/27/2016Motion for leave to file amicus brief filed by New England Legal Foundation GRANTED.
06/27/2016Petition DENIED.