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Yesterday's First Circuit Argument

We represent two whistleblowers who allege that two pharmaceutical giants - Novartis and Genentech - have committed massive fraud against the government, by giving kickbacks and illegal marketing to doctors to get them to prescribe an asthma drug, Xolair.

The case has gotten considerable press attention. See this and this.

U.S. District Judge William Young dismissed the case after holding that the complaint did not allege enough of a nexus between the kickbacks and payment by the government. We appealed to the First Circuit, seeking to get it overturned.

Yesterday, Patrick Dolan and TImothy Cornell argued the case before the First Circuit. The argument seemed to go well. The judges - William J. Kayatta, Jr., Norman H. Stahl, and David J. Barron - were all engaged and puzzling over some of the issues. You can hear the argument here.

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