Marcia STEIN; Rodolfo Bone, Qui Tam Relators; ex rel. United States of America, Plaintiffs-Appellants, and
United States of America, Plaintiff,
v.
KAISER FOUNDATION HEALTH PLAN, INC., a California corporation; Kaiser Foundation Hospitals, a California corporation; Kaiser Foundation Health Plan of Colorado, a Colorado Corporation; Kaiser Foundation Health Plan of Georgia, Inc., a Georgia corporation; Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc., a Maryland corporation; Kaiser Foundation Health Plan of the Northwest, an Oregon corporation; Kaiser Foundation Health Plan of Washington, a Washington corporation; Permanente Medical Group, Inc., a California corporation; Southern California Permanente Medical Group; Colorado Permanente Medical Group, a Colorado corporation; Southeast Permanente Medical Group; Hawaii Permanente Medical Group; Mid-Atlantic Permanente Medical Group; Northwest Permanente, P.C.; Group Health Permanente; Kaiser Permanente, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Submitted June 26, 2024 Seattle, Washington.
Filed September 24, 2024.
Attorney(s) appearing for the Case
William K. Hanagami (argued), Hanagami Law APC, Incline Village, Nevada; Abram J. Zinberg, The Zinberg Law Firm APC, Huntington Beach, California; for Plaintiffs-Appellants.
Shiwon Choe and Benjamin J. Wolinsky, Assistant United States Attorneys, United States Department of Justice, Office of the United States Attorney, San Francisco, California, for Plaintiff United States of America.
Dimitri D. Portnoi (argued), David M. Deaton, Stephen M. Sullivan, Caitlin M. Bair, and Kyle M. Grossman, O'Melveny & Myers LLP, San Francisco, California; K. Lee Blalack, II, O'Melveny & Myers LLP, Washington, D.C.; for Defendants-Appellees.
Concurrence by Judge Forrest.
OPINION
FORREST, Circuit Judge.
Plaintiffs Marcia Stein and Rodolfo Bone brought a False Claims Act (FCA) action against various Kaiser-related entities1 alleging Medicare fraud. The district court dismissed plaintiffs' lawsuit as barred by the FCA's first-to-file rule because it "related" to earlier-filed...
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