United States Ninth Circuit

Dismissal of a False Claims Act suit for failure to state a claim upon which relief can be granted is reversed where former enrollment counsellors' claim against a university properly alleged a false statement or fraudulent course of conduct, made with scienter, that was material, causing the government to pay out money or forfeit moneys due.

Appellate Information

• Argued 02/15/2006
• Decided 09/05/2006
• Published 09/05/2006

Judges

• HALL, Senior Circuit Judge:, Before: HALL, SILVERMAN, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Nancy G. Krop, Law Offices of Nancy G. Krop, Redwood City, CA and Daniel Robert Bartley, Law Offices of Daniel Robert Bartley, Counsel for the plaintiffs-appellants., Charles W. Scarborough, Department of Justice, Civil Division, Washington, DC, for the amicus.


• For Appellees:
  
• Timothy J. Hatch, Gibson, Dunn & Crutcher LLP, Los Angeles, CA, for the defendant-appellee.