United States ex rel. Noah Nathan v. Takeda Pharmaceuticals, Inc. North America, Inc.
Petition for certiorari denied on March 31, 2014
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
- Petition of the day (Mary Pat Dwyer, September 11, 2013)
| Date | Proceedings and Orders |
|---|---|
| 03/29/2013 | Application (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. |
| 04/04/2013 | Application (12A938) granted by The Chief Justice extending the time to file until May 10, 2013. |
| 05/10/2013 | Petition for a writ of certiorari filed. (Response due June 12, 2013) |
| 05/28/2013 | Order extending time to file response to petition to and including July 12, 2013. |
| 07/12/2013 | Brief of respondents Takeda Pharmaceuticals North America, Inc., et al. in opposition filed. |
| 07/30/2013 | Reply of petitioner U. S. ex rel. Noah Nathan filed. |
| 07/31/2013 | DISTRIBUTED for Conference of September 30, 2013. |
| 10/07/2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 02/25/2014 | Brief amicus curiae of United States filed. |
| 03/12/2014 | DISTRIBUTED for Conference of March 28, 2014. |
| 03/12/2014 | Supplemental brief of petitioner U. S. ex rel. Noah Nathan filed. (Distributed) |
| 03/31/2014 | Petition DENIED. |