Cell Therapeutics Inc. v. Lash Group Inc., No. 08-35619 - - U.S. Ninth Circuit
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Cell Therapeutics Inc. v. Lash Group Inc., No. 08-35619

In an action for indemnification based on the settlement of an underlying suit against plaintiff for violations of the False Claims Act (FCA), judgment on the pleadings for defendant is reversed where: 1) the facts articulated in plaintiff's complaint were sufficient to state a claim for damages independent of the question of plaintiff's liability under the FCA; and 2) the district court erred in characterizing the settlement as effectively establishing FCA liability and thus barring the claims against defendant.

Read Cell Therapeutics Inc. v. Lash Group Inc., No. 08-35619

Appellate Information

Argued and Submitted August 31, 2009

Filed November 18, 2009

Judges

Opinion by Judge McKeown

Counsel

For Appellant:

Daniel J. Dunne and Paul F. Rugani, Orrick, Herrington & Sutcliffe LLP, Seattle, WA

For Appellee:

Raymond A. Cardozo, Reed Smith LLP, San Francisco, CA

Laurie M. Thornton, Corr Cronin Michelson Baumgardner & Preece LLP, Seattle, WA