January 2, 2020 / 10:56 PM / a month ago

9th Circuit says J&J whistleblower can't swap plaintiffs in appeal

A U.S. appeals court on Thursday said it lacked jurisdiction to consider reviving a whistleblower lawsuit accusing Johnson & Johnson of improperly marketing a hepatitis C drug, after the “Jane Doe” plaintiff attempted to substitute in an entity she created in order to protect her anonymity.

A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said it could not hear the appeal because “Jane Doe,” a former J&J employee, was not listed on the notice appealing the dismissal of the case. It instead named Alexander Volkhoff LLC, which Doe created when she filed the 2016 lawsuit.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2sGJ7Ts

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