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...
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