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Michael R. Lastowski of Duane Morris (Courtesy Photo) Michael R. Lastowski of Duane Morris (Courtesy Photo)

In JKJ Partnership 2011 v. Sanofi-Aventis US, No. 256, 2019, slip op. (Del. Mar. 17, 2020), the Delaware Supreme Court, answering certified questions from the U.S. Court of Appeals for the Third Circuit, held that when a partnership replaced one of its original three partners with a new partner, the partnership dissolved. As a result, the partnership may have lost the ability to fulfill its essential purposethe pursuit of a qui tam action.

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