U.S. ex rel. Borzilleri v. Abbvie, Inc.

U.S. Court of Appeals for the Second Circuit

Tab Group

Merits Stage

Second Circuit affirms district court decision to grant government’s motion to dismiss qui tam action over relator’s objection

December 1, 2020

The Court concluded that the relator failed to satisfy even the most stringent standard of review and that no evidentiary hearing was required. The U.S. Chamber filed an amicus brief in support of this outcome.

U.S. Chamber files amicus brief urging Second Circuit to hold that government has unfettered discretion to dismiss a relator’s qui tam action under the False Claims Act

April 20, 2020

Click here to view the Chamber’s amicus brief. Jeffrey S. Bucholtz and Jeremy M. Bylund of King & Spalding LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents

Memorandum Opinion and Order -- U.S. ex rel. Borzilleri v. Abbvie, Inc. (USDC - Southern District of New York).pdf

U.S. Chamber Amicus Brief -- U.S. ex rel. Borzilleri v. Abbvie, Inc. (Second Circuit).pdf

Order -- U.S. ex rel. Borzilleri v. Abbvie, Inc. (Second Circuit).pdf