In a previous post, we discussed the
petition for certiorari in Gonzalez v. Planned
Parenthood of Los Angeles (S. Ct. No. 14-4080), a False Claims
Act (FCA) case in which the relator alleged that Planned Parenthood
knowingly overcharged the government for contraceptives it provided
to low-income individuals in California.
In Gonzalez, the Ninth Circuit held that the district
court properly dismissed the relator's claims because documents
attached to the complaint showed that the government knew about
Planned Parenthood's allegedly improper billing practices;
thus, the relator could not demonstrate the requisite
scienter under the FCA. The relator argued that the issue
of government knowledge was worthy of Supreme Court consideration
due to a split between the Ninth Circuit and other circuits on this
issue.
