RajeevMuttreja

Partner

(T) 1.212.326.8367

Rajeev Muttreja focuses on appellate litigation, motions practice, and trial strategy in federal and state courts. He has argued before the U.S. Courts of Appeals for the Second, Third, Sixth, Seventh, and Ninth Circuits and has drafted briefs in the U.S. Supreme Court, many other appellate courts, and trial courts across the country. Rajeev has extensive experience defending False Claims Act cases, particularly within the health care industry. He also has significant experience with issues of federal jurisdiction, RICO, class actions, corporate governance, securities law, administrative law, the Fair Credit Reporting Act, and many other areas of law.

In his work involving the False Claims Act, Rajeev has played a significant role in such cases alleging Anti-Kickback Statute violations, off-label pharmaceutical marketing, Medicare and Medicaid overbilling, and other purported statutory or regulatory violations. Recently, Rajeev drafted motions to dismiss that won three such cases, in federal courts in New York, Virginia, and Georgia.

Rajeev helped draft the successful petition for certiorari and winning merits briefs in Goodyear Dunlop Tires Operations v. Brown, 131 S. Ct. 2846 (2011), which clarified the law of personal jurisdiction. He also argued and won Evans v. Zych, 644 F.3d 447 (6th Cir. 2011), a habeas corpus case presenting a question of first impression on which other circuits had split.

Rajeev maintains an active pro bono practice. He has worked extensively with the National Immigrant Justice Center and is a member of the U.S. Court of Appeals for the Second Circuit's pro bono panel.

Experience

Pharmaceutical company defends putative securities fraud class action
Jones Day represents a pharmaceutical company, along with current and former officers, in a putative securities fraud class action arising from announcements the company made related to three different drugs in development or on the market, which the plaintiff claims together caused the company's stock to drop 40 percent.

Wells Fargo Securities and BNP Paribas obtain Second Circuit affirmation of summary judgment win in securities fraud suit
Jones Day defended Wells Fargo Securities, LLC, as successor to Wachovia Capital Markets LLC, and BNP Paribas, as successor to Fortis Securities LLC, who were involved in placing a CDO called Grand Avenue CDO II (Grand Avenue).

Prisoner revives claim seeking dietary accommodations for his religious beliefs
Jones Day obtained a ruling from the U.S. Court of Appeals for the Second Circuit in favor of client DeAndre Williams that vacated the district court's grant of summary judgment against his claim under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

Celgene resolves False Claims Act case related to alleged off-label promotion of Thalomid® and Revlimid®
Jones Day represented Celgene Corporation in a False Claims Act lawsuit related to allegations that Celgene promoted the cancer treatment drugs Thalomid® and Revlimid® for off-label uses prior to their FDA approval for such uses, and paid kickbacks to physicians in order to get them to promote and prescribe those drugs.

Experian obtains Fourth Circuit dismissal of $10 million class action judgment
Jones Day client Experian Information Solutions obtained a Fourth Circuit decision dismissing a $10 million class action judgment against Experian for lack of Article III standing.

Celgene prevails over Indian supplier in TRO/preliminary injunction hearing to prevent termination of supply agreement
Celgene Corporation affiliate Abraxis Bioscience, Inc., represented by Jones Day, does not have to continue to supply pharmaceuticals to Indian distributor Biocon Limited in the face of evidence of continued product diversion, a district court judge ordered.

LabCorp obtains dismissal of qui tam action alleging violations of Anti-Kickback Statute and Medicare billing regulation
On behalf of Laboratory Corporation of America (LabCorp), a nationwide provider of health care diagnostic testing services, Jones Day successfully moved to dismiss a qui tam complaint filed in the U.S. District Court for the Southern District of New York under the federal False Claims Act (FCA) and the FCA analogs in 14 states and the District of Columbia.

IBM resolves claims related to alleged exposure to toxic emissions
Jones Day client International Business Machines Corporation (IBM) resolved numerous claims brought by hundreds of current and former residents of Endicott, NY alleging personal injuries, diminution in property values, and other damages related to alleged vapor intrusion and historic air emissions in the area from IBM's former manufacturing facility.

Several companies receive favorable U.S. Supreme Court ruling denying plaintiff's Oil-For-Food Program appeal
On June 15, 2015, the U.S. Supreme Court denied a petition for certiorari review filed by the Republic of Iraq in a $10 billion racketeering action against multiple defendants, including several Jones Day clients.

Reynolds American defends against shareholder lawsuit in North Carolina state court
Jones Day is representing Reynolds American Inc. ("RAI") and its board of directors in a shareholder lawsuit in North Carolina state court arising out of RAI's acquisition of Lorillard.

Energy company successfully resists Alien Tort Statute suit
An energy company represented by Jones Day obtained dismissal of a putative class action relating to Saddam Hussein's tortious activities in Iraq.

LabCorp obtains complete dismissal of Virginia qui tam action alleging submission of false claims to Medicaid
In one of the first cases litigated under the Virginia Fraud Against Taxpayers Act, an analog to the federal False Claims Act, Jones Day represented Laboratory Corporation of America (LabCorp), a nationwide provider of health care diagnostic testing services.

DDR obtains affirmation on appeal of dismissal of fiduciary duty claim
On May 17, 2011, the New York Appellate Division, First Department, unanimously affirmed the dismissal of a fiduciary duty claim against Jones Day client Developers Diversified Realty Corporation ("DDR").

Pro bono client successfully challenges Bureau of Prisons' classification of his offenses as crimes of violence
On July 12, 2011, the U.S. Court of Appeals for the Sixth Circuit decided Evans v. Zych, granting a complete victory for Jones Day pro bono client Michael Evans, who is currently serving a sentence for the possession and transfer of unlicensed firearms.

Goodyear obtains favorable U.S. Supreme Court ruling in personal jurisdiction case
On June 27, 2011, the U.S. Supreme Court decided a significant personal jurisdiction case, ruling in favor of Jones Day client Goodyear Tire & Rubber Co., Inc. and its affiliates, Goodyear Dunlop Tires Operations, S.A.; Goodyear Lastikleri T.A.S.; and Goodyear Dunlop Tires France, S.A.

Speaking Engagements

  • April 19, 2018PLI's Appellate Advocacy 2018: Seeking and Opposing Discretionary Review
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