United States Ex Rel. Spay v. CVS Caremark Corp.

OPINION OF THE COURT

McKEE, Circuit Judge.

We are asked to consider the viability of two potential defenses to an alleged False Claims Act violation that arise in the context of the Medicare Part D Program: the government knowledge inference, which can defeat a finding of scienter in certain circumstances, and the element of materiality. 1 The District Court relied upon the government knowledge inference doctrine in dismissing the claims. Although we disagree with the court’s reliance on that doctrine, we nevertheless affirm the court’s dismissal of this suit because the misrepresentations it…