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United States ex rel. Noah Nathan v. Takeda Pharmaceuticals, Inc. North America, Inc.

Petition for certiorari denied on March 31, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
12-1349 4th Cir. N/A N/A N/A N/A OT 2013

Issue: Whether Rule 9(b) of the Federal Rules of Civil Procedure requires that a complaint under the False Claims Act “allege with particularity that specific false claims actually were presented to the government for payment,” as required by the Fourth, Sixth, Eighth, and Eleventh Circuits, or whether it is instead sufficient to allege the “particular details of” the “scheme to submit false claims” together with sufficient indicia that false claims were submitted, as held by the First, Fifth, Seventh, and Ninth Circuits.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 29 2013Application (12A938) to extend the time to file a petition for a writ of certiorari from April 11, 2013 to May 10, 2013, submitted to The Chief Justice.
Apr 4 2013Application (12A938) granted by The Chief Justice extending the time to file until May 10, 2013.
May 10 2013Petition for a writ of certiorari filed. (Response due June 12, 2013)
May 28 2013Order extending time to file response to petition to and including July 12, 2013.
Jul 12 2013Brief of respondents Takeda Pharmaceuticals North America, Inc., et al. in opposition filed.
Jul 30 2013Reply of petitioner U. S. ex rel. Noah Nathan filed.
Jul 31 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Feb 25 2014Brief amicus curiae of United States filed.
Mar 12 2014DISTRIBUTED for Conference of March 28, 2014.
Mar 12 2014Supplemental brief of petitioner U. S. ex rel. Noah Nathan filed. (Distributed)
Mar 31 2014Petition DENIED.