Kimberly Leaman

29 June 2017

Third Circuit Asked To Address Timelines of Claims Dismissed on First to File Grounds

The Third Circuit may become the second court of appeals to weigh in on whether a relator in a qui tam action may amend her complaint under Rule 15 to add claims previously prohibited by the “first-to-file” rule.  Last week, a federal court certified this and two additional questions for interlocutory review.  The district court’s decision follows an April ruling denying Pfizer’s motion to dismiss an amended complaint in a case that is over a decade old, and the question has important implications for the viability of otherwise time-barred claims. (more…)

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