U.S. Court of Appeals for the Ninth Circuit

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Ninth Circuit reverses order denying defendants’ motions to dismiss False Claims Act suit and rejects relator’s reliance on statistical analysis to allege falsity

March 31, 2021

The Court explained that relator had merely offered a “possible explanation . . . to explain a statistical trend that is consistent with a plausible alternative (and legal) explanation.” The U.S. Chamber filed an amicus brief supporting this outcome.

U.S. Chamber files amicus brief in False Claims Act appeal urging Ninth Circuit to reject relator’s reliance on statistical analysis and publicly available website information

July 08, 2020

Click here to view the Chamber’s amicus brief. Jonathan G. Cederbaum and Matthew Tymann of Wilmer Cutler Pickering Hale and Dorr LLP served as co-counsel for the U.S. Chamber of Commerce on behalf ot the U.S. Chamber Litigation Center.

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