Naples Quoted on Qui Tam Appeal to Supreme Court
Law360 Healthcare Authority
Pat Naples was quoted on a recent appeal to the US Supreme Court about a Ninth Circuit interpretation of the False Claims Act’s prohibition on qui tam complaints that are “substantially the same” as previously disclosed allegations.
Pat said that the Supreme Court hasn’t addressed the public disclosure bar since 2011, which currently calls for dismissal of qui tam suits that are “substantially the same” as what’s already been made public.
He said if the Supreme Court takes the case, “its decision could have substantial ramifications on the FCA landscape, affecting both how many suits get filed and how many survive motions to dismiss.”
Pat added that when whistleblowers asked the Supreme Court to review a Sixth Circuit decision on the scope of the public disclosure bar 10 years ago, the justices asked the solicitor general to offer its view.
“It will be interesting to see whether the court invites the solicitor general to weigh in again,” Pat said, “particularly now that a litigant from the other side of the aisle is claiming that a circuit split exists even though the courts say they are applying the same legal standard.”
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