Gilead To Take 9th Circ. Escobar Ruling To High Court

Law360, New York (October 3, 2017, 9:59 PM EDT) -- Gilead Sciences Inc. on Tuesday said it will ask the U.S. Supreme Court to review a major Ninth Circuit ruling on False Claims Act liability, arguing that it created a circuit split on the Supreme Court's landmark Escobar decision.

In a 20-page motion, Gilead asked the Ninth Circuit to put its July ruling on hold pending a petition to the Supreme Court. According to Gilead, there is a "reasonable probability" that justices will take the case because the Ninth Circuit's ruling conflicts with other interpretations of the Supreme Court's decision last year in Universal Health Services v. Escobar.

Specifically, Gilead argued...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!