FacultyFaculty/Author Profile

Rajeev Muttreja

Jones Day

New York, NY, USA


Rajeev Muttreja focuses primarily on appellate litigation and motions practice in state and federal courts. He has argued before the U.S. Courts of Appeals for the 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. In addition, Rajeev has served as lead defense counsel in more than two dozen cases arising under the federal Fair Credit Reporting Act. His experience spans many areas of law, including intellectual property, administrative law, federal jurisdiction, class actions, securities, and health care law.

Rajeev has extensive experience with the False Claims Act, particularly within the health care industry. He has played a significant role in the defense of cases claiming False Claims Act liability for Anti-Kickback Statute violations, off-label pharmaceutical marketing, Medicare and Medicaid overbilling, and other alleged statutory or regulatory violations. Recently, Rajeev served on a team that won motions to dismiss in 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.

Experience

Celgene defends against False Claims Act case relating to alleged off-label promotion of Thalomid(R) and Revlimid(R)
Jones Day defended Celgene Corporation against a False Claims Act case relating to alleged off-label promotion of Thalomid(R) and Revlimid(R) and alleged kickbacks paid to physicians who prescribed those drugs.

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").

Health care provider defends against False Claims Act case
Jones Day defends a health care provider against a False Claims Act case relating to alleged kickback violations.

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.

Education

  • New York University (J.D. magna cum laude 2008; Order of the Coif; Butler Scholar [top 10 in class after four semesters]; Vanderbilt Medal; Senior Executive Editor, New York University Law Review); Yale University (B.S. in Molecular, Cellular, and Developmental Biology 2000)

Bar Admissions

  • New York; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third, Sixth, Seventh, Ninth, and Federal Circuits; and U.S. District Courts for the Southern, Eastern, and Western Districts of New York

Clerkships

  • Law Clerk to Judge John M. Walker Jr., U.S. Court of Appeals, Second Circuit (2008-2009)

Experience Highlights

Celgene defends against False Claims Act case relating to alleged off-label promotion of Thalomid(R) and Revlimid(R)

IBM resolves claims related to alleged exposure to toxic emissions

Several companies receive favorable U.S. Supreme Court ruling denying plaintiff's Oil-For-Food Program appeal

Areas of Focus

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