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U.S. EX REL. BENNETT v. BIOTRONIK, INC.

No. 16-15919.

876 F.3d 1011 (2017)

UNITED STATES of America et al. EX REL. Max BENNETT, Plaintiff-Appellant, v. BIOTRONIK, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2017.

Attorney(s) appearing for the Case

Jeremy L. Friedman (argued), Oakland, California, for Plaintiff-Appellant.

Megan Jeschke (argued) and Christopher Myers , Holland & Knight LLP, Tysons, Virginia; Cheryl A. Feeley , Holland & Knight LLP, Washington, D.C.; Vince Farhat , Holland & Knight LLP, Los Angeles, California; for Defendant-Appellee.

Edward Himmelfarb (argued) and Michael S. Raab , Attorneys, Appellate Staff; Phillip A. Talbert , United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Amicus Curiae United States of America.

Dissent by Judge Siler

OPINION

I.

Where an individual has information regarding a fraud perpetrated on the Federal Government, the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., empowers that person — called a "relator" — to bring a suit on the Federal Government's behalf.1

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