Legal Opinion

United States Ex Rel. Cain v. Salish Kootenai College, Inc.

Court of Appeals for the Ninth Circuit

Decided July 10, 2017No. 15-35001PublishedCited by 8 opinions

1Opinion of the Court

OPINION

KOZINSKI, Circuit Judge:

The False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, permits suits against “any person” who defrauds the government by “knowingly, presenting] ... a false or fraudulent claim for payment or approval.” Id. § 3729(a)(1)(A). We consider whether Salish Kootenai College, Inc. is a “person” subject to suit under the FCA.

FACTS

Plaintiffs are former employees of Salish Kootenai College, Inc. (the College). They brought a qui tarn action against the College, the Salish Kootenai College Foundation (the Foundation), and eight of the College’s board members, alleging that…

2Cases cited19 opinions

  1. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  2. Lane v. PenaSupreme Court of the United States · 1996
  3. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  4. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  5. Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.Supreme Court of the United States · 1991

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3Cited by8 opinions

  1. Benjamin Kohn v. State Bar of CaliforniaCourt of Appeals for the Ninth Circuit · 2023
  2. Casino Pauma v. NLRBCourt of Appeals for the Ninth Circuit · 2018
  3. McCoy v. Salish Kootenai Coll., Inc.District Court, D. Montana · 2018
  4. Manzano v. Southern Indian Health Council, Inc.District Court, S.D. California · 2021
  5. Mestek, Teressa v. Taylor, LouisDistrict Court, W.D. Wisconsin · 2022

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