What are the implications of a federal district court's decision not to deny a Relator's claim for damages under the Relator Act?

MultiRegion, United States of America

The following excerpt is from United States ex rel. Campie v. Gilead Scis., Inc., 862 F.3d 890 (9th Cir. 2017):

The district court also rejected relators' claims because payment was not "conditioned on the falsity." As made clear in Escobar , " [I]nstead of adopting a circumscribed view of what it means for a claim to be false or fraudulent, concerns about fair notice and open-ended liability can be effectively addressed through strict enforcement of the Act's materiality and scienter requirements. " 136 S.Ct. at 2002 (quoting United States v. Science Applications Int'l Corp. , 626 F.3d 1257, 1270 (D.C. Cir. 2010) ). We therefore address the district court's concern in the context of materiality.

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