RajeevMuttreja

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New York + 1.2123268367

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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 for health care clients. He also has significant experience with issues of federal jurisdiction, class actions, securities law, administrative law, corporate governance, RICO, the Fair Credit Reporting Act, and many other areas of law.

In his work involving the False Claims Act, Rajeev has played a leading role in the defense of cases involving the Anti-Kickback Statute, the Stark Law, off-label pharmaceutical marketing, alleged Medicare and Medicaid overbilling, and other alleged statutory or regulatory violations. Rajeev has led the drafting of many successful motions to dismiss such lawsuits.

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

  • Sanofi successfully challenges HHS enforcement of Section 340B drug pricing statuteJones Day successfully represented Sanofi in litigation challenging the U.S. Department of Health and Human Services' (HHS) enforcement action under Section 340B of the Public Health Service Act.
  • Drug manufacturer obtains dismissal of Section 340B administrative dispute resolution claimJones Day successfully represented a drug manufacturer in obtaining dismissal of an administrative dispute resolution (“ADR”) claim alleging that the manufacturer had overcharged certain "covered entities" eligible for discounted drug pricing under Section 340B of the Public Health Service Act.
  • Drug manufacturer challenges HHS guidance on Section 340B drug pricingJones Day represents a drug manufacturer in litigation challenging the U.S. Department of Health and Human Service’s (HHS) advisory opinion under Section 340B of the Public Health Service Act.
  • Drug manufacturer intervenes in litigation to defend Section 340B drug pricingJones Day represents a drug manufacturer in litigation challenging its discounted drug pricing practices under Section 340B of the Public Health Service Act.
  • MEDHOST obtains dismissal of qui tam action relating to alleged false claims under HITECH ActJones Day obtained a dismissal on behalf of MEDHOST, Inc. (a developer of electronic health record ("EHR") software) in a qui tam False Claims Act action.
  • Chevron defeats ATA and ATS claims brought by 298 plaintiffs relating to terrorist attacks in IsraelChevron Corporation, represented by Jones Day, defeated claims under the Anti-Terrorism Act ("ATA") and Alien Tort Statute ("ATS") brought by 298 plaintiffs who sought to hold Chevron responsible for injuries sustained in terrorist attacks in Israel between November 2000 and April 2002.
  • Pharmaceutical company defends putative securities fraud class actionJones 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 suitJones 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 beliefsJones 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.
  • Port Authority defends class action lawsuit surrounding "Bridgegate" lane closuresJones Day is defending the Port Authority of New York and New Jersey in a class action lawsuit brought by both private and commercial commuters who assert that they suffered damages as a result of traffic approaching and surrounding the George Washington Bridge following the reassignment of certain local access lanes during September 2013.
  • Experian obtains Fourth Circuit dismissal of $10 million class action judgmentJones 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 agreementCelgene 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 regulationOn 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 emissionsJones 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 appealOn 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 courtJones 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 suitAn 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 MedicaidIn 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 claimOn 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").
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    January 2023 Alert

    U.S. Supreme Court to Determine Scienter Standard for False Claims Act Cases

    December 2022 Commentary

    Supreme Court Increasingly Wading Into False Claims Act's Morass

    August 2022 Commentary

    Eighth Circuit Requires But-For Causation for False Claims Act Suits Alleging Kickbacks

    February 2022 Commentary

    Fourth Circuit Limits Who Can Act "Knowingly" Under False Claims Act

    February 2022 Commentary

    Eleventh Circuit Holds Excessive Fines Clause Applies to Penalties in Non-Intervened FCA Cases

    November 2021 Commentary

    Senate Judiciary Committee Votes to Approve Amendments to the False Claims Act

    October 2021 Commentary

    New York Court of Appeals Rejects Consent-By-Registration Rule for Personal Jurisdiction

    September 2021 Commentary

    Second Circuit Affirms Denial of Contempt Sanctions on Foreign Banks with Accounts of Non-Compliant Judgment Debtors

    August 2021 Commentary

    Second Circuit—Once Again—Overturns on Comity Grounds Multi-Million Dollar Price-Fixing Judgment

    August 2021 Commentary

    Federal Court of Appeals Emphasizes Only Defendants Who Act "Knowingly" Can Be Liable Under the False Claims Act
    View All

    Additional Publications

    • July 2020
      Last days of judicial imperialism? (Daily Journal) – An article about the U.S. Supreme Court's grants of certiorari in two cases that could significantly rein in and clarify the scope of the Alien Tort Statute.

    Speaking Engagements

    • June 22, 2022
      New York City Bar Association - New York Court of Appeals Roundup, 2021-2022 Term, moderator
    • April 26, 2022
      PLI's Appellate Advocacy 2022
    • April 29, 2021
      The Long Arm of the U.S.: The Reach of U.S. Courts Over Chinese Businesses, China General Chamber of Commerce - USA
    • April 27, 2021
      PLI's Appellate Advocacy 2021
    • April 28, 2020
      PLI's Appellate Advocacy 2020
    • April 30, 2019
      PLI's Appellate Advocacy 2019
    • April 19, 2018
      PLI's Appellate Advocacy 2018
    • October 19, 2016
      PLI's FIRREA: How the Government is Using the Act to Investigate and Prosecute Financial Institutions for Fraud

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