United States Ninth Circuit

In an action for indemnification based on the settlement of an underlying suit against plaintiff for violations of the False Claims Act (FCA), judgment on the pleadings for defendant is reversed where: 1) the facts articulated in plaintiff's complaint were sufficient to state a claim for damages independent of the question of plaintiff's liability under the FCA; and 2) the district court erred in characterizing the settlement as effectively establishing FCA liability and thus barring the claims against defendant.

Appellate Information

• Argued 08/31/2009
• Decided 11/18/2009
• Published 11/18/2009

Judges

• Before:  HAWKINS, M. MARGARET McKEOWN and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Erik R. Lied and Walter E. Barton, Karr Tuttle Campbell, Seattle, WA, for the appellant.


• For Appellees:
  
• Raymond A. Cardozo, Reed Smith LLP, San Francisco, CA, and Laurie M. Thornton, Corr Cronin Michelson Baumgardner & Preece LLP, Seattle, WA, for the appellee.