9th Circ. Says Gov't Still Party To Closed Lawsuit In FCA Row

Law360, Los Angeles (December 1, 2017, 8:40 PM EST) -- The ghost of jurisprudence past came to haunt the Ninth Circuit on Friday in the form of Marbury v. Madison, when a split panel refused to revive a whistleblower’s suit against Biotronik Inc., finding the government, unlike a deceased former president, can still be a party to a dismissed lawsuit.

In a matter of first impression, the appeals court panel split 2-1 in finding that Biotronik didn’t have to face a fresh lawsuit over its alleged kickbacks to doctors for the use and Medicare reimbursement of...
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Case Information

Case Title

US ex rel. Max Bennett v. Biotronik, Inc.


Case Number

16-15919

Court

Appellate - 9th Circuit

Nature of Suit

3375 Other Statutes - False Claims Act

Date Filed

May 23, 2016

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