Case Detail

U.S. ex rel. Campie v. Gilead Sciences, Inc.
On September 27, 2017, the U.S. Court of Appeals for the Ninth Circuit denied without comment a petition requesting rehearing en banc in an important False Claims Act (FCA) case. The denial was a setback for WLF, which filed a brief arguing that the initial decision adopted an overly lenient “materiality” standard for FCA claims, facilitating the filing of unwarranted claims against government contractors. WLF argued that when a contractor submits a claim despite allegedly failing to comply with applicable regulations, its allegedly false claim is not “material,” and thus not an FCA violation, unless the relator filing the claim shows that the government would not have paid the claim had it been aware of the alleged infraction. In this case, the relator asserts that a drug manufacturer violated the FCA based on alleged noncompliance with FDA “good manufacturing practices” rules, yet the government continued to pay for the drugs even after learning of the alleged violations.
Case Status:
Rehearing denied. Monitoring for likely Supreme Court certiorari petition.
More Information and Downloads:
8/31/2017: Download the Brief

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