Law360, Washington (October 5, 2015, 5:34 PM EDT) -- The Eight Circuit cited lack of claim overlap Monday in tossing a panel decision that had affirmed an $8.1 million award to two whistleblowers who helped bring a defective pricing and kickback False Claims Act suit against Cisco Systems Inc. and one of its distributors.
In an 8-2 en banc decision, the appellate court found that a district court judge didn't adequately address the needed overlap standard between the initial claims brought by the whistleblowers and those claims the government brought upon intervening in the case. For the whistleblowers to receive a payout, it's not enough that the government came to...
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