US ex rel Spay v. CVS Caremark — qui tam — affirmance — McKee

The Third Circuit today affirmed on alternative grounds the dismissal of a suit under the False Claims Act. The district court had dismissed based on the government-knowledge defense; the Third Circuit recognized the defense but held it didn’t apply here. The court affirmed anyway, recognizing a materiality requirement for pre-2009 FCA suits and holding that it was not met here.

Senator Charles Grassley filed an amicus brief supporting the appellant and “arguing against the continued viability of the government knowledge inference.”

Joining McKee were Smith and Restrepo. Arguing counsel were Marc Raspanti of Pietragallow Gordon for the appellant and Enu Mainigi of Williams & Connolly for the appellees.