United States of America ex rel. John R. Borzilleri, M.D., et al v. Abbvie, Inc., et al

Justia Dockets & Filings Second Circuit New York Southern District United States of America ex rel. John R. Borzilleri, M.D., et al v. Abbvie, Inc., et al

United States of America ex rel. John R. Borzilleri, M.D., et al v. Abbvie, Inc., et al

Case Number:	1:2015cv07881
Filed:	July 16, 2019
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Nature of Suit:	Other Statutes: False Claims Act
Cause of Action:	31 U.S.C. § 3729 False Claims Act

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Date Filed	Document Text
July 16, 2019	Filing 295 MEMORANDUM OPINION AND ORDER re: 274 MOTION to Dismiss Relator's Qui Tam Complaint Pursuant to 31 U.S.C. 3730(c)(2)(A). filed by United States of America, 260 JOINT MOTION to Dismiss Relator Borzilleri's Second Amen ded Complaint filed by Express Scripts Holding Company, CIGNA Corporation, UnitedHealth Group, Inc., Humana, Inc., CVS Health Corporation, Aetna, Inc., 258 JOINT MOTION to Dismiss Relator Borzilleri's Second Amended Compl aint filed by Pfizer, Inc, Amgen, Inc., Abbvie, Inc., AbbVie, Inc., Novartis Pharmaceuticals Corporation, Eli Lilly and Company, sanofi-aventis U.S. LLC, Bristol-Myers Squibb Company. For the foregoing reasons, the Government' ;s motion to dismiss is GRANTED, and Borzilleri's claims are dismissed (with prejudice in the case of his claims under the FCA and without prejudice to re-filing in state court as to his claims under state law). In light of that disposition, Def endants' motions to dismiss (Docket Nos. 258, 260) are DENIED as moot. The Clerk of Court is directed to terminate all motions and close the case. (Signed by Judge Jesse M. Furman on 7/16/2019) (ne) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

July 16, 2019

Filing 295 MEMORANDUM OPINION AND ORDER re: 274 MOTION to Dismiss Relator's Qui Tam Complaint Pursuant to 31 U.S.C. 3730(c)(2)(A). filed by United States of America, 260 JOINT MOTION to Dismiss Relator Borzilleri's Second Amen ded Complaint filed by Express Scripts Holding Company, CIGNA Corporation, UnitedHealth Group, Inc., Humana, Inc., CVS Health Corporation, Aetna, Inc., 258 JOINT MOTION to Dismiss Relator Borzilleri's Second Amended Compl aint filed by Pfizer, Inc, Amgen, Inc., Abbvie, Inc., AbbVie, Inc., Novartis Pharmaceuticals Corporation, Eli Lilly and Company, sanofi-aventis U.S. LLC, Bristol-Myers Squibb Company. For the foregoing reasons, the Government' ;s motion to dismiss is GRANTED, and Borzilleri's claims are dismissed (with prejudice in the case of his claims under the FCA and without prejudice to re-filing in state court as to his claims under state law). In light of that disposition, Def endants' motions to dismiss (Docket Nos. 258, 260) are DENIED as moot. The Clerk of Court is directed to terminate all motions and close the case. (Signed by Judge Jesse M. Furman on 7/16/2019) (ne) Transmission to Orders and Judgments Clerk for processing.

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