Is there any overlap between the government action bar and the public disclosure bar?
MultiRegion, United States of America
The following excerpt is from United States ex rel. Bennett v. Biotronik, Inc., 876 F.3d 1011 (9th Cir. 2017):
Undeniably, there will be numerous relators who are barred both by the government action bar, 3730(e)(3), and the public disclosure bar, 3730(e)(4)(A)(i). But the overlap is not absolute, and we have rejected attempts to construe statutory language in an overly narrow manner to avoid such partial overlap. As we explained in United States v. Carona , 660 F.3d 360, 369 (9th Cir. 2011) :
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