3729, LLC v. Evernorth Health, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 4 2025

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, EX. No. 23-55645

REL. 3729, LLC,

D.C. No. 3:19-cv-01199-TWR- Plaintiff-Appellant, WVG v.

MEMORANDUM*

EVERNORTH HEALTH, INC.; EXPRESS

SCRIPTS, INC.,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding Argued and Submitted June 7, 2024 Pasadena, California

Before: CLIFTON, COLLINS, and LEE, Circuit Judges.

The qui tam provisions of the False Claims Act (“FCA”), 31 U.S.C. § 3729

et seq., “allow[] private citizens, referred to as ‘relators,’ to bring fraud claims on

the government’s behalf against those who have violated the Act’s prohibitions.”

Silbersher v. Valeant Pharms. Int’l., Inc., 89 F.4th 1154, 1158 (9th Cir. 2024).

However, under the “FCA’s public disclosure bar,” a would-be relator may not

pursue an FCA action “alleg[ing] fraud that has already been publicly disclosed,

* This disposition is not…