Bloomberg Law
Jan. 3, 2019, 8:40 PM

$663M Guardrail Case Lacks ‘Gilead’ Flaw, High Court Told

Daniel Seiden
Daniel Seiden

The U.S. Supreme Court should review a $663 million false claims case involving highway guardrails in light of a recent U.S. Solicitor General brief, whistleblower Joshua Harman told the court.

The U.S. Solicitor General recently urged the court not to review a false claims case against Gilead Sciences Inc. reinstated by the U.S. Court of Appeals for the Ninth Circuit. The government opposes an automatic dismissal rule Gilead advocates, it said.

Gilead says the case against it must fail for lack of materiality because the Food and Drug Administration paid for its HIV drugs despite allegations of fraud. But continued ...

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