United States DC Circuit

False Claims Act section 3730(b)(5) bars any action incorporating the same material elements of a fraud as an action filed earlier, thus the district court correctly dismissed an action alleging improper billing of the government under the Medicare program.

Appellate Information

• Argued 11/01/2002
• Decided 02/07/2003
• Published 02/07/2003

Judges

• Before:  RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mike Bothwell argued the cause for appellant.   With him on the briefs was G. Mark Simpson.


• For Appellees:
  
• Michael D. Granston, Attorney, U.S. Department of Justice, argued the cause for appellee United States of America.   On the brief were Roscoe C. Howard, Jr., U.S. Attorney, Douglas N. Letter, Litigation Counsel, U.S. Department of Justice, and Michael F. Hertz and Jamie Ann Yavelberg, Attorneys., Richard P. Bress argued the cause for appellees Columbia/HCA Healthcare Corp, et al.   With him on the brief were Roger S. Goldman, Adam S. Hoffinger, and Robert A. Salerno.  Jennifer C. Archie entered an appearance.