Civil Litigation,
Government,
Corporate,
9th U.S. Circuit Court of Appeals
Dec. 8, 2017
Reach of FCA's 'government-action bar' expanded
The appellate court held that the False Claims Act provision barred an alleged whistleblower's "me too" lawsuit because it was based upon the same "allegations [and] transactions" as a prior lawsuit to which the U.S. government was a party.
Thomas P. O'Brien
Partner
Paul Hastings LLP
Thomas is a litigation partner with Paul Hastings in Los Angeles. Prior to joining Paul Hastings, he served as the U.S. attorney for the Central District of California.
Last week, in a matter of first impression, the 9th U.S. Circuit Court of Appeals determined the reach of the "government-action bar" under Section 3730(e)(3) of the False Claims Act. The appellate court held in United States ex rel. Bennett v. Biotronik, Inc., 2017 DJDAR 11420 (Dec. 1, 2017), that Section 3730(e)(3) barred an alleged whistleblower's "me too" lawsuit because it was based upon the same "allegations [and] transactions" as a p...
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