United States of America ex Rel. James Allen v. Guidant Corporation et al
| United States of America, ex rel. and James Allen |
| Guidant Corporation, Guidant Sales Corporation, Cardiac Pacemakers, Inc., Guidant Ireland, Boston Scientific Corporation, Guidant LLC and Guidant Sales LLC |
| 0:2011cv00022 |
| January 5, 2011 |
| US District Court for the District of Minnesota |
| DMN Office |
| XX US, Outside State |
| Arthur J. Boylan |
| Donovan W. Frank |
| Other Fraud |
| 31 U.S.C. ยง 3729 |
| Plaintiff |
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Filing
101
MEMORANDUM OPINION AND ORDER granting in part and denying in part 77 Motion to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss Relator's claims (Doc. No. 77 ) is GRANTED IN PART and DENIED IN PART as follows: 1. To the ex tent Defendants seek dismissal of Relators common law claims, the motion is GRANTED. Count Two (Unjust Enrichment) and Count Three (Payment by Mistake of Fact) of Relator's Amended Complaint (Doc. No. 15 ) are DISMISSED WITH PREJUDICE. 2. To the extent Defendants seek dismissal of Count One of Relator's Amended Complaint (Violation of the False Claims Act) (Doc. No. 15 ), the motion is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 3/14/2012. (BJS)
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