By Denying Certiorari in Duxbury and Hopper, Supreme Court Maintains the Circuit Split Status Quo on Important Original Source and Rule 9(b) Questions

Even as it acknowledged a circuit split on two major issues affecting the False Claims Act (“FCA”), the Solicitor General informed the Supreme Court, via an amicus brief in Ortho Biotech Products, L.P. v. United States ex rel. Duxbury,¹ that the United States’s preference was that these disparities remain unresolved — at least for now.  Because  the Court denied certiorari in Duxbury, however, the Court  will likely never resolve the important “original source” circuit split exemplified by that case.  The Court also denied certiorari on  the question of how Rule 9(b) applies to certain FCA claims — a question on which the circuits continue to differ. 

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