3rd Cir Denies Petition for Rehearing in Processed Egg Antitrust Suit lawstreetmedia.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawstreetmedia.com Daily Mail and Mail on Sunday newspapers.
BACKGROUND
Three individuals formed a partnership. That partnership served as the relator in a
qui tam suit alleging that pharmaceutical companies submitted false claims for healthcare reimbursement. After the relationship among the individual partners soured, a new partnership was formed, and the individuals forming the new partnership filed an amended complaint using the same name as the relator. The district court dismissed the suit and concluded that, under applicable Delaware partnership law, the partnerships were distinct legal entities, and the new partnership’s presence in the suit violated the first-to-file bar under the False Claims Act.
HOLDING
The Third Circuit vacated the dismissal of the