Supreme Court Considers Revisiting Key FCA Decision
By the C|C Whistleblower Lawyer Team
Yesterday, the justices asked the Trump Administration’s Office of the Solicitor General’s views on a petition for certiorari in United States ex rel. Campie v. Gilead Scis., a Middle District of Florida and the Fifth Circuit, which overturned jury verdicts of $350M and $600M when applying Escobar.
The Court’s request of the Administration followed a Friday conference at which the Justices discussed the Gilead case for the first time. If the Supreme Court grants certiorari to the case, it would allow it to resolve the Escobar interpretation of the materiality standard which has been inconsistently applied in the lower courts.