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
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December 13, 2020
E-cigarette company Juul Labs, according to Docket Alarm’s database of court filings and analytics, has been involved as a party in at least 2,753 lawsuits since the beginning of 2019 through November 2020. In the large majority of those suits, about 95 percent, Juul is named as a defendant. The main cause of action for the cases, cited in at least 2,011 lawsuits, is Product Liability. Other case types include antitrust, intellectual property, and suits brought under the Racketeer Influenced and Corrupt Organizations Act.
The Allegations
The lawsuits in general claim that Juul’s marketing practices did not give the various plaintiffs sufficient information about the product to allow them to understand the harmful health effects using the company’s products, specifically e-cigarettes, would cause. Other defendants commonly listed in the lawsuits include Pax Labs, Inc. and Ploom, Inc., other Juul entities, and Altria which purpor