· 12/16/2015
United States Ex Rel. Gadbois v. PharMerica Corp.
Citations
- 809 F.3d 1
- 93 Fed. R. Serv. 3d 803
- 2015 U.S. App. LEXIS 21841
- 2015 WL 9093650
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that ripeness “falls within the cluster of defects that may be cured by a supplemental pleading under Rule 15(d)”
- observing that federal courts generally interpret Federal Rule of Civil Procedure 15(d), which allows parties to supplement pleadings, “to include defects in subject matter jurisdiction among the deficiencies that may be corrected through a supplemental pleading”
- remanding to allow the relator to file a supplemental complaint pursuant to Rule 15(d) to cure a first-to-file jurisdictional defect
- stating that “[w]e conclude, as a matter of first impression in this court, that Federal Rule of Civil Procedure 15(d) is available to cure most kinds of defects in subject matter jurisdiction,” including a “jurisdictional bar” related to the False Claims Act
- remarking on the “breadth of the discretion inherent in Rule 15(d)” that results from the fact that the rule “contains no standards at all to guide the district court’s analysis”
- listing many of these same factors as reasons to deny a motion to supplement
Source: CourtListener parenthetical corpus (CC0).
Judges: Howard, Selya, Stahl
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.