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U.S. v. CARE ALTERNATIVES

No. 18-3298.

952 F.3d 89 (2020)

UNITED STATES of America and State of New Jersey ex rel. Victoria Druding; Barbara Bain; Linda Coleman; Ronni O'Brien, v. CARE ALTERNATIVES, Victoria Druding, Barbara Bain, Linda Coleman, and Ronni O'Brien Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: March 4, 2020.

Attorney(s) appearing for the Case

Ross Begelman , Marc M. Orlow , Regina D. Poserina , Begelman Orlow & Melletz, 411 Route 70 East, Suite 245, Cherry Hill, NJ 08034, Russell D. Paul [ARGUED], Sherrie R. Savett , Berger Montague, 1818 Market Street, Suite 3600, Philadelphia, PA 19103, Counsel for Appellants.

Charles W. Scarborough [ARGUED], United States Department of Justice, Appellate Section, Room 7244, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20004, Counsel for Amicus Supporting Appellants.

William H. Jordan , Jason Popp [ARGUED], Alston & Bird, 1201 West Peachtree Street, One Atlantic Center, Suite 4900, Atlanta, GA 30309, Counsel for Appellee.

Before: HARDIMAN, GREENAWAY, JR. and BIBAS, Circuit Judges.

OPINION

This case requires us to consider whether and when clinical judgments can be considered "false" in the context of the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-3733 (2009). It is a matter of first impression in this Court.

Victoria Druding, Linda Coleman, Barbara Bain, and Ronni...

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