• CIVIL FALSE CLAIMS ACT: Justice Department Urges Supreme Court to Deny Certiorari on Original Source and Rule 9(b) Questions in Duxbury, but Suggests that the Court Should Grant Certiorari in Hopper Where Rule 9(b) Issue is “Squarely Presented”
  • June 9, 2010 | Authors: Douglas W. Baruch; John T. Boese
  • Law Firm: Fried, Frank, Harris, Shriver & Jacobson LLP - Washington Office
  • Even as it acknowledged a circuit split on two major issues affecting the False Claims Act, the Solicitor General informed the Supreme Court, via an amicus brief in Ortho Biotech Products, L.P. v. United States ex rel. Duxbury, No. 09-654, that the United States’s preference is that these disparities remain unresolved - at least for now. Indeed, if the Court accepts the Justice Department’s position, the Court would never resolve an important “original source” circuit split, while the question of how Rule 9(b) applies to certain FCA claims will be addressed in a separate case awaiting Supreme Court review.