The little-used government action bar has recently surfaced in two cases
where relators had attempted to revive declined and unsettled allegations from
earlier qui tam actions in which the
government had intervened in part to settle other allegations. United States ex rel. Bennett v. Biotronik,
Inc., No. 16-15919, 2017 WL 5907900 (9th Cir. Dec. 1, 2017), and United States ex rel. Estate of Gadbois v.
PharMerica Corp., No. 10-cv-471, 2017 WL 5466659 (D.R.I. Nov. 13,
2017). These decisions show that a
partial intervention and settlement by the government of some, but not all,
claims in one relator’s complaint can protect defendants from future claims by
later relators based on even unresolved allegations from the earlier complaint.