Va.). 4:21-cv-00437-RLW (E.D. She later received $32,500 in cash from an undercover officer pretending to be the victim from Maryland, and was promptly arrested. Defendant Sentenced in Connection with Lottery Scam Based in JamaicaUnited States v. Shashana Stacyann Smith Press Release Between July 2011 and November 2012, Baxter manufactured IV solutions in a clean room with moldy HEPA filters, despite the fact that an employee had reported the presence of mold on the HEPA filters to plant management. WebCases by Type of Lawsuit Contract Real Property Torts - Injury Torts - Property Civil Rights Prisoner Petitions Forfeiture / Penalty Labor Bankruptcy Intellectual Property Social Security Federal Tax Suits Other Statutes Immigration Cases filed Cases 1 - 10 of 415,187 RSS Feed | View as table Youmans v. Commonwealth of Pennsylvania et al Docket Number: 2:17-CV-072773 (C.D. Chicago Dietary Supplement Companies Ordered to Comply with FDCA United States v. Global Marketing Enterprises, Inc., et al.Press Release Calif.). Burnetts co-defendant, Amber McLaughlin, was sentenced to serve 12 months in prison and pay $176,725 in restitution. Blue Bell also agreed to pay an additional $2.1 million to resolve civil False Claims Act allegations regarding ice cream products manufactured under insanitary conditions and sold to federal military facilities. On August 29, 2019, the district court entered a consent decree of permanent injunction against Topway Enterprises, Inc., d/b/a Kazys Gourmet, a Houston, Texas company that processes and distributes ready-to-eat raw fish, and its principals, Jeff Liao, Ying Chen, and Adwin Liao. Parks pleaded guilty last year to a one-count information charging him with distribution of an unapproved new drug with the intent to defraud and mislead, in violation of 21 U.S.C. Filed: April 25, 2023 as 2:2019cv05353. The civil resolution has been entered in the Western District of Texas, where a whistleblower qui tam complaint had been filed. 1332 Diversity-Motor Vehicle Product Liability. According to the complaint, victims sent hundreds of millions of dollars to defendants in fees, but received nothing of value in return. The consent decree entered by the court requires the defendants to implement specific remedial measures to comply with the law and obtain written approval from the FDA before distributing such drugs in the future. On November 12, 2019, a grand jury charged six Las Vegas-area residents in connection with a fraudulent mass-mailing scheme that allegedly tricked hundreds of thousands of consumers into paying more than $10 million in fees for purported cash prizes. On January 13, 2020, the district court entered a consent decree of permanent injunction against Home Style Foods, Inc., its president, Michael J. Kowalski, and the companys quality manager, Juan Valesquez. Docket Number: 0:19-cv-60570 (S.D. The family of Tyre Nichols has filed a federal civil lawsuit against the Memphis police over the 29-year-olds beating and death. Virginia Man Pleads Guilty in Odometer Tampering SchemeUnited States v. Eubank. Cal.). On Jan. 30, 2018, Aegerion Pharmaceuticals Inc. (Aegerion) pleaded guilty to violating the Food, Drug, and Cosmetic Act (FDCA) relating to its distribution of a prescription drug, Juxtapid, and was sentenced to three years of probation, to include the establishment of a $7.2 million restitution fund. Pa.). FDA inspections over the past three years have revealed multiple and repeated violations of the Food, Drug, and Cosmetic Act (FDCA) by Downing in the manufacture of compounded sterile injectable drugs. Sentencing is set for April 6, 2020. The complaint also alleged that the company failed to manufacture its medicated feeds in conformity with current good manufacturing practices. The Court held that the defendants violations meant the supplements were adulterated as a matter of law, and set a hearing for February 17 to discuss the scope of a permanent injunction. The complaint alleges that the defendants send fraudulent solicitations styled as notifications that the recipient has won a large package of cash and prizes, typically worth more than $350,000. Injunction Action Filed Against Drug CompounderUnited States v. Downing Labs, LLC et al.Press ReleaseDocket Number: 3:16-CV-003 (N.D.Tex.). Fla.); 5:16-CV-0577 (M.D. Global consumer goods conglomerate Reckitt Benckiser Group plc (RB Group) has agreed to pay $1.4 billion to resolve its potential criminal and civil liability related to a federal investigation of the marketing of the opioid addiction treatment drug Suboxone. The cases were consolidated for plea and sentencing in Puerto Rico. Cyril Willson, who helped to formulate the companys products, and Mathew Hebert, one of the owners of USP Labs, pleaded guilty to introducing misbranded food into interstate commerce with the intent to defraud or mislead. Docket Number: 3:16-CR-313-RJC (W.D.N.C.). Gao was the supply chain manager for a Chinese firm that sold raw ingredients for use in dietary supplements. Docket Number: 2:18-CV-283 (D. Nev.). As the court found, Spectrum received about 1,600 reports of broken handles between 2008 and 2012, when it finally reported the problem to the CPSC. In order to gain the trust of the victim and induce him to continue to make payments, Allen traveled from Jamaica to the United States and falsely portrayed herself to the victim as an FBI agent, provided him with a cellphone, and directed him to speak with the person on the line, who was her co-conspirator in Jamaica. The court found that each of the defendants had violated the FDCA in the past, and that the court had scant assurance that defendants would comply with food safety laws going forward. The injunction requires L.A. Star and the Goldrings to cease all operations and requires that, in order for the defendants to resume distributing seafood products, the FDA must first determine that its manufacturing practices have come into compliance with the law. Long used the proceeds of his fraud to purchase airplanes, numerous vehicles, and other property. On May 25, 2016, the Department of Justice secured a civil jury verdict in Salt Lake City, Utah, against Utah-based telemarketing defendants Feature Films for Families, Inc., Corporations for Character, L.C., Family Films of Utah, Inc., and Forrest S. Baker III. The remainder will be distributed among the settlement member states in alignment with terms of the agreement. WebHOW TO BEGIN A LAWSUIT GOVERNING LAW Proceedings for a civil action commenced in federal district court (or removed to federal court from state court) are governed by the ); 2:14-CV-1156 (D.N.J. On February 19, 2021, the United States filed a civil complaint seeking to permanently enjoin the owners of a Tampa-area clinic and pharmacy from unlawfully dispensing opioids and other controlled substances. Tex.). 1001. Defendants Sentenced in Texas Prescription Drug Smuggling Ring United States v. Catherine Nix,Tom Giddens, and Wanda HollisPress ReleaseDocket Number: 6:14-CR-49 (E.D. Jury selection starts Tuesday in E. Jean Carrolls rape lawsuit in a New York federal court. Mich.). The decrees against Hill and Woods were entered on February 26, 2016, and June 27, 2016, respectively. In pleading guilty, Bearden admitted that she and her co-defendant, Paul J. Elmer, Pharmakons former president, lied during multiple FDA inspections about test results concerning under- and over-potent compounded sterile drugs manufactured by Pharmakon and distributed to hospitals nationwide. On September 15, 2020, the district court entered a consent decree of permanent injunction against Fortune Food Product, Inc., company president Steven Seeto, and supervisor Tiffany Jiang. According to the complaint, the defendants issued thousands of prescriptions without apparent regard for patient harm, including prescriptions for a dangerous combination of an opioid, short-acting benzodiazepine, and a muscle relaxer. The clinical trial sought to compare the efficacy of two asthma treatments in a pediatric population. District Court Enters Permanent Injunction Against Utah Pharmacy and Individuals to Prevent Distribution of Adulterated and Misbranded Drugs and Unapproved New DrugsUnited States v. Isomeric Pharmacy Solutions, LLC, et al. Carroll says a chance Docket Number: 4:19-CV-3214 (S.D. On January 8, 2016, the district court entered a consent decree of permanent injunction against Downing Labs, LLC, Ashley Downing, Christopher Downing, and Roger Mansfield. Lindo received victims money, kept a portion for herself, and sent the remainder to individuals in Jamaica. The court denied plaintiffs two other motions for a preliminary injunction and dismissed MediNaturas claims challenging FDAs addition of its products to the import alert. Trial began on May 16 and lasted eight days. They were told to pay thousands of dollars to Smith and others in order to collect their winnings. On May 5, 2020, the district court entered a consent decree of permanent injunction against Gold Star Smoked Fish Corp., a New York company, and its CEO and co-owner, Rober Pinkow. Blue Bells former president, Paul Kruse, was charged in connection with his role in covering up from customers what the company knew about the contaminated ice cream. ), Docket Number: 3:12-CR-922 (D.P.R. Tex.). Podesta and Polo admitted that they managed and supervised call centers for the scheme. This rule provides that the first step in an action is the filing of the complaint. Weaver and five other co-conspirators were convicted of mail fraud, wire fraud, and other charges following trial in 2015. La. Olympus was ordered to pay $85 million in criminal fines and forfeiture, and also agreed to enact extensive compliance reforms. The complaint alleges that defendants failed to adequately control the risk of Clostridium botulinum and Listeria monocytogenes (L. Fla). District Court Enters Permanent Injunction to Stop New Jersey and New York Companies and Executives from Distributing Unapproved and Misbranded DrugsUnited States v. S Hackett Marketing LLC d/b/a Just Enhance, et al. These new compliance measures include privacy reviews for all new or modified Facebook products, a new Independent Privacy Committee on Facebooks Board of Directors, and annual compliance certifications by Facebook CEO Mark Zuckerberg. Chlorine dioxide, most commonly used as an industrial bleach, is a severe respiratory and eye irritant that can cause nausea, diarrhea and dehydration. On January 13, 2017, the Department ratified a nearly $864 million settlement agreement with Moodys Investors Service Inc., Moodys Analytics Inc., and their parent company, Moodys Corporation over allegations arising from Moodys role in providing credit ratings for Residential Mortgage-Backed Securities (RMBS) and Collateralized Debt Obligations (CDO), contributing to the worst financial crisis since the Great Depression. In a criminal information previously filed in the District of Nevada, the United States charged FKOL with violating the Federal Food, Drug and Cosmetic Act by concealing and destroying records prior to a 2013 FDA plant inspection in Kalyani, India. Determine your causes of action. United States v. Confidence USA, Inc., et al. Weir admitted that claims the device could safely and effectively treat virtually any disease were false and intended to mislead consumers. Docket Numbers: 1:20-cv-473; 2:20-cv-474 (E.D.N.Y.). Before B. Brauns quality department approved either of AM2PATs changes, B. Braun began selling syringes manufactured in AM2PATs new facility. On June 21, 2016, David Allen and William Rogers were sentenced to 12 months and 10 months in prison, respectively, in connection with the distribution of adulterated drugs. Summons and Complaint -- When the United States Attorney decides a federal civil law has been violated, a civil litigator, known as an Assistant U.S. Attorney, files a Summons and Complaint in U.S. District Court and has a copy of the documents served on the alleged offender, who is called the defendant. In a complaint filed the previous day, the United States alleged that the defendants, Xephyr LLC (d/b/a N-Ergetics), Brad Brand, Derill Fussell, and Linda Fussell, sold colloidal silver through their website as a treatment for COVID-19 and other diseases and conditions, such as pneumonia, AIDS, and cancer. On June 25, 2018, Michael Rossi was sentenced to 63 months in prison plus three years of supervised release in connection with a telemarketing scheme that defrauded thousands of victims, many of whom were elderly, out of more than $2.7 million. The complaint alleges that consumers pay for items supposedly sold through the websites but never receive those purchases. During the course of the scheme, Rodis Law Group and Americas Law Group obtained more than $9,000,000 from over 1,800 homeowners. In addition to entering the preliminary injunction, the court set a show cause hearing for May 11 regarding the defendants alleged violations of the previously issued temporary restraining order. The orders enjoin the defendants from distributing or dispensing any controlled substances defined as opiates and opioids under the Controlled Substances Act (CSA), and from altering, deleting, destroying, mutilating, or transferring any records related to their controlled substance prescriptions or related treatment. On May 9, 2018, the United States filed complaints against two clinics that purport to manufacture stromal vascular fraction (SVF) products from patient adipose (fat) tissue, which the companies then market as stem cell-based treatments for a host of serious conditions and diseases, including cancer, spinal cord injuries, Parkinsons disease, pulmonary disease, arthritis, stroke, ALS, and multiple sclerosis. Mich.). The department filed a complaint in the U.S. District Court for the Central District of California on Nov. 21 alleging that Neptunes seafood products are produced under conditions that are inadequate to ensure the safety of its products. Weaver and Kaplan were both found guilty after a 6-week trial last year of conspiracy, mail fraud, wire fraud, and making a false statement. Ill.). On June 29, Ronald Rodis pled guilty to conspiracy to commit mail and wire fraud for his role in Rodis Law Group, a bogus law firm that purported to offer struggling homeowners assistance obtaining loan modifications. District Court Issues Temporary Restraining Order Against Florida Businesses in Direct-Mailing SchemeUnited States v. Marotta, et al. Third Defendant Pleads Guilty in Clinical Trial Fraud Scheme. United States v. Eric Nepute and Quickworks LLC, The Statement of Facts also addresses Moodys failure to adhere to its own published standards when rating RMBS and CDOs. Press ReleaseDocket Number: 1:15-CV-23419 (S. D. Fla.). Victims lost at least $16.7 million to the fraudulent scheme. According to the plea agreement, Onyx was approved by the U.S. Food and Drug Administration (FDA) as a liquid embolization device that is surgically injected into blood vessels to block blood flow to arteriovenous malformations in the brain.. As alleged in the information, while a number of the patients who died had underlying conditions which may have contributed to their deaths, medical records of some patients suggest that the S. marcescens bloodstream infections were also a significant factor. International Mass-Mailers Enjoined from Further Participation in Fraudulent Solicitation SchemesUnited States v. Alexander Quaglia, et al. Court Enters Preliminary Injunction Against Tech-Support Wire Fraud SchemeUnited States v. Elagoon Business Solutions Pvt Ltd d/b/a Computer Phone Assist Docket Number: 1:19-CV-3382 (N.D. Ill.). However, as of early 2017, the defendant had not brought any purchase offers to the court, and he continued to owe more than $2.8 million. 19-CR-00524 (W.D. What is a civil lawsuit? The court also found that defendants had distributed adulterated tuna salad sandwiches due to their failure to implement a plan pursuant to the agencys Seafood Hazard Analysis and Critical Control Point (HAACP) regulations. United States v. Hisao YabePress Release Mich.). Tex.). On June 5, 2017, the U.S. District Court for the Central District of Illinois ordered Dish Network, LLC to pay $280 million in civil penalties and damages to the United States and the states of California, Illinois, North Carolina, and Ohio in connection with more than 100 million illegal telemarketing calls. On June 1, 2016, the district court entered a temporary restraining order against an individual and two Dutch companies that allegedly engaged in multiple international mail fraud schemes that have defrauded elderly and vulnerable U.S. victims out of approximately $18 million annually. In pleading guilty, Shaw admitted that from September 2013 through August 2015, he participated in a scheme to defraud victims throughout the United States. District Court Orders PharMedium Compounding Pharmacy and Two Executives to Comply with Drug Safety Standards United States v. PharMedium Services LLC, et al. Lock NEW YORK (AP) A nearly 30-year-old rape claim against Donald Trump went to trial Tuesday as jurors in the federal civil case heard a former advice columnists allegation of being attacked in a luxury department store dressing room. Docket Number: 2:17-CR-00004 (E.D. OxyElite Pro was recalled in 2013 after being linked by the Food and Drug Administration to a deadly outbreak of serious liver injuries. Bethel sold a wide variety of dietary supplements. ); 5:16-CR-0022 (M.D. Download the Civil Case Flowchart (PDF) Specifically, the complaint alleged that multiple FDA inspections revealed that the defendants compounded sterile drugs under insanitary conditions. 20-CV-4218 (C.D. The court in both matters granted temporary restraining orders to limit the defendants ability to distribute or dispense controlled substances. Docket Number: 1:19-cv-2184 (D.D.C.). On November 21, 2016, defendant John Vartanian was sentenced to 27 months imprisonment and ordered to pay $1.2 million of restitution in connection with a fraudulent debt relief services scheme based in Orange County, California. Smith previously pleaded guilty to one count of conspiracy to commit mail and wire fraud. District Court Enters Permanent Injunctions Against Two New York Companies Banning the Importation of Dangerous ToysUnited States v. Everbright Trading, Inc. et al. According to the indictment, PacNet served as the middleman between banks and the fraudulent mailers aggregating the checks, cash, and credit card payments collected by its clients, depositing the payments into PacNet-controlled bank accounts, and then distributing the funds as directed by the clients. Two months after B. Braun started selling syringes manufactured at the new AM2PAT facility, B. Braun recalled all of the syringes because the radiation sterilization process caused dangerous white particles to develop in the saline inside the syringes. The information also alleges that Palacio knowingly and falsely claimed in an affidavit to the FDA that a particular subject participated in the trial when, in fact, that subject had not so participated. Ill.). Dailey pleaded guilty on January 8, 2019 to one count of introducing misbranded drugs into interstate commerce and one count of importing merchandise contrary to law. The defendants made misrepresentations about profits, operating their own vending routes, locations, and ongoing customer support to induce the victims to buy what was advertised as a complete business package, but turned out to be essentially worthless. Juxtapid was approved to treat patients with homozygous familial hypercholesterolemia (HoFH), a rare genetic disorder that causes abnormally high levels of LDL-C, or bad cholesterol. On March 24, 2020, U.S. District Judge Brian Cogan entered a consent decree in a related case barring KAT Telecom, Inc., a New York corporation, from conveying fraudulent telephone calls, fraudulent recordings, or spoofed telephone calls. Docket Number: 2:19-cr-295 (D. Nev.). FDA inspectors also found deviations from current good manufacturing practice requirements in the pharmacys sterile drug manufacturing operations. Press Release Blue Bell Creameries Sentencing Date Set in Listeria Contamination Case, United States v. Blue Bell Creameries The government presented evidence, collected over nearly a decade, that the defendants violated current good manufacturing practice regulations by, among other things, failing to ensure that finished batches met specifications or to conduct appropriate tests to verify the identity of ingredients. Docket Number: 1:20-cv-2016 (E.D.N.Y.). Mathauda also appealed the courts denial of his motion to proceed pro se, arguing that he had made a clear and unequivocal request to proceed pro se before his sentencing and that the denial of the motion without a hearing violated his Sixth Amendment right to self-representation. Press ReleaseDocket Number: 1:16-CV-0348 (S.D. Both defendants were charged in a 14-count indictment alleging a five-year identity theft scheme that targeted servicemembers and veterans. Extradited Defendant Pleads Guilty to Odometer Fraud SchemeUnited States v. Shmuel Gali On May 5, 2021, the Court entered a stipulated preliminary injunction against a St. Louis chiropractor, Eric Nepute, and his company Quickwork LLC, d/b/a Wellness Warrior, whom the government alleged were deceptively advertising vitamin D and zinc as COVID-19 treatments. In the lawsuit, the United States alleged that the defendants violated the FTCs Telemarketing Sales Rule (TSR) by (1) making deceptive claims to, among other things, induce consumers to purchase the defendants DVDs, (2) placing numerous calls to phone numbers on the National Do Not Call (DNC) Registry, (3) ignoring consumers prior do-not-call requests, (4) failing to make required oral disclosures, (5) failing to transmit accurate caller ID information, and (6) abandoning calls answered by consumers. Docket Number: 1:18-CV-2879 (E.D.N.Y.). Carrolls civil lawsuit was the first of Trumps current legal troubles to make it to trial, with opening arguments Tuesday. Docket Number: 1:21-cr-00006-RM (D. Colo.). Miss.). He purchased high-mileage vehicles, then caused the vehicles odometers to be altered to reflect fraudulent, low-mileage readings. Long was charged with multiple counts of wire fraud, aggravated identity theft, and money laundering for a scheme that victimized hundreds of thousands of account holders throughout the United States. Former Virginia Physician Sentenced for Role in Internet Pharmacy Operation, United States v. Ryan (E.D. On March 10, 2016, the government filed a complaint against KFJ Marketing, Sunlight Solar Leads LLC, Go Green Education, and the owner of those companies, Francisco Salvat, to halt a telemarketing campaign which failed to transmit accurate caller identification information, and resulted in 1.3 million illegal phone calls to consumers who had placed their phone numbers on the Do Not Call Registry. On November 10, 2016, Kevin M. Marks pled guilty to conspiracy to commit wire fraud for fraudulently selling business opportunities. Vendstar sales representatives misrepresented to victims the likely profits they would earn, how past customers were doing, the availability of high-profit locations, and services that purported locating companies would provide. Cal.). In a 2018 complaint, the United States alleged that the defendants distributed Zylast products in violation of the Federal Food, Drug, and Cosmetic Act. Docket No. Docket Number: 2:17-CV-6154 (E.D.N.Y.). The indictment, returned on February 23, 2021, alleges that the defendants enrolled subjects into clinical trials who did not meet the eligibility criteria for those trials, falsified laboratory results, falsified medical records, and falsely represented that subjects were taking the drugs being studied when in fact they were not. According to an indictment returned last October, Xu agreed with a confidential government informant to mislabel synthetic stimulants arriving in the United States or otherwise help to hide from retailers the true nature of a proposed new dietary supplement. But the court left for the jurys determination at trial the issues of whether the defendants were liable for making deceptive claims, ignoring consumers prior do-not-call requests, and abandoning calls. The clinical trial sought to compare the efficacy of two asthma treatments in a pediatric population. 2. Fla.). (1) By the Plaintiff. );1:14-CR-10 (S.D. On May 10, 2017, pharmacist Titilayo Akinyoyenu was sentenced to 36 months of probation and ordered to pay a $250,000 criminal fine for his role in a conspiracy to ship pharmaceuticals that were misbranded because they lacked valid prescriptions. FDA testing on samples of the gel tested positive for bacterial contamination. Under the order, the defendants may not prepare, process, manufacture, pack and/or hold FDA-regulated food products until they can ensure that L. mono is not present in their facility and their food, and until they have received FDAs written determination that their manufacturing practices comply with the law. A nearly 30-year-old rape claim against Donald Trump has gone to trial. The information alleged that beginning in or around February 2011, Meds IV compounded its own amino acid solution, which it then mixed with other ingredients to form TPN. Biocompatibles was sentenced to pay an $8.75 million criminal fine and a criminal forfeiture of $2.25 million. Yvelice Villaman Bencosme, M.D., Lisett Raventos, Jessica Palacio, and Maytee Lledo each were charged by information in the Southern District of Florida with one count of conspiracy to commit wire fraud, and Palacio was also charged with one count of making a false statement to the FDA. Sentencing before U.S. District Judge Beth Bloom is set for March 19, 2021, in Miami. Secure .gov websites use HTTPS On November 4, the United States filed an injunction action against Scilabs and Edalat seeking this relief. The permanent injunction requires Scilabs and Edalat to cease all operations connected to the company, and not to resume until FDA determines that their manufacturing practices have come into compliance with the law. FDA had previously warned NAE, after inspections performed in 2013 and 2014, of its failures to maintain sanitary conditions. Medical Device Manufacturer Ordered to Pay $85 Million Following Guilty Plea for Failing to File Adverse Event Reports United States v. Olympus Medical Systems Corp. Access to case information costs $0.10 per page. Yabe is scheduled to be sentenced on March 27. On February 5, 2021, U.S. District Judge Mary Scriven entered a stipulated preliminary injunction that bars a Tampa pharmacy and other named defendants from dispensing opioids and other controlled substances prescribed by a physician sharing building space with the pharmacy. On May 25, 2018, the district court entered a consent decree of permanent injunction against Michel G. Blanchet, permanently enjoining the defendant from preparing, processing, and distributing fish or fishery products that are adulterated under the Food, Drug, and Cosmetic Act. this section shall govern the venue of all civil actions brought in district courts of the United States; and. Dominic Smith (no relation to Shashana Smith) was sentenced in October 2015 to 27 months in prison and one year of supervised release. The complaint charges that the defendants violated the Telemarketing Sales Rule (TSR) by operating a telemarketing campaign that delivered pre-recorded robocall messages warning consumers about a purported looming 14 percent increase in their energy bill. Westfall v. Irwin, 484 U.S. 292, 297-298 (1988). Permanent Injunction Entered Against Seller of Dietary SupplementsUnited States v. Bethel Nutritional Consulting, Inc., Felix Eamirez, and Kariny Ramirez, Press ReleaseDocket Number: 2:15-CV-8046 (D.N.J.). The scheme was disrupted before the elderly individual could be further victimized by the conspiracy. The verdict is the latest development in a lawsuit that the Department filed on behalf of the Federal Trade Commission (FTC) in May 2011, seeking, among other things, a permanent injunction and civil penalties against the defendants for engaging in widespread deceptive and abusive telemarketing practices in the course of selling and promoting DVDs and films. BEK prepared, processed, packed, and distributed ready-to-eat seafood products, namely seafood soups sold under the names Shrimp Locksley and Mamas Gumbo. In all, 22 individuals were convicted of fraud in connection with Vendstar. The conduct occurred prior to Biocompatibles acquisition in 2011 by BTG.

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