Ninth Circuit: U.S. ex rel. 3729, LLC v. Evernorth Health Inc. & Express Scripts, Inc. (9th Cir. Nov. 6, 2023)
This brief discusses the history and intent of the False Claims Act’s public disclosure bar and original source exception. It explains that the 2010 Amendments to the FCA were meant to encourage more whistleblowers to come forward and that evidence of scienter likely materially adds to allegations at issue.
