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Year in Review Column,
Administrative/Regulatory,
9th U.S. Circuit Court of Appeals

Mar. 29, 2023

2022 year-end review of False Claims Act developments: Ninth Circuit

In 2022, the Ninth Circuit’s notable FCA rulings included one interpretation and application of the FCA’s scienter requirement, and another that further set the boundaries of the public disclosure bar.

There is rarely a dull year for the False Claims Act (FCA) and last year was no exception. While much attention has been paid to the Supreme Court's consideration of FCA issues this term, two recent enforcement developments in the U.S. Court of Appeals for the Ninth Circuit are also noteworthy.

In United States ex rel. Hartpence v. Kinetic Concepts, Inc., 44 F.4th 838 (9th Cir. 2022), the Ninth Circuit revisited the scienter required...

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