9th U.S. Circuit Court of Appeals
Sep. 25, 2024
9th Circuit en banc panel reverses its first-to-file rule in false claims case
To bring its caselaw into alignment with the U.S. Supreme Court, an en banc 9th Circuit panel overruled its own precedents and revived a qui tam lawsuit by two former Kaiser Permanente employees who had not filed first.
An en banc panel of the 9th U.S. Circuit Court of Appeals on Tuesday reversed its own "first-to-file" rule in a False Claims Act lawsuit filed by two former Kaiser Permanente employees against the hospital nonprofit. The decision revived their claims.
Marcia Stein and Rodolfo Bone sued Kaiser in a qui tam lawsuit in 2016 on behalf of the U.S., but they were not the first former employees at the health care giant to file a False Claims Act case. Kaiser attorneys argued th...
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