9th Circuit rejects broad public disclosure bar in whistleblower cases

What lawyer, or prospective lawyer, has not dreamed for at least a moment of the riches to be earned by representing a whistleblower under the federal False Claims Act (FCA), 31 U.S.C. § 3729. In September, the 9th Circuit Court of Appeals, consistently with other courts, confirmed that the road to a substantial recovery for an FCA or qui tam action is less rocky than one might think.

The Biotronik case
Even when there has been an article in the New York Times describing fraudulent conduct and two prior cases brought under the same statutes, there still can be a valid claim if you present “genuinely new and material information.”

United States ex rel. Sam Jones Company, LLC v. Biotronik, Inc. (Biotronik) (9th Cir. Sept. 10, 2025) — F4th —; 2025 WL 2608950, concerns a medical implant device manufacturer, Biotronik Inc., that apparently gained market share by questionable actions such as giving doctors kickbacks in various forms or by employing doctors’ family members as commissioned sales representatives.

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