Previously Settled FCA Case Resurrected by New “Original Source” Relator

Posted on April 7, 2020 in FCA, Original Source

The United States Court of Appeals for the First Circuit issued an opinion creating a national divide on when a relator is an “original source” of an FCA claim, finding that a relator’s secondhand knowledge of fraud was “direct” knowledge. Facts of the Case In United States ex rel. Banigan v.... Continue Reading →

Tags: Banigan, FCA, original source, PharMerica

Tenth Circuit Questions Its Previous Decision Defining “Intervene” in Light of Supreme Court Decision and Further Qualifies Public Disclosure Bar

Posted on September 25, 2017 in Case Analysis, Original Source, Public Disclosure Bar

The Tenth Circuit’s recent decision in United States ex rel. Little v. Triumph Gear Sys., Inc. refines its definition of “intervene” in light of the Supreme Court’s decision in United States ex rel. Eisenstein v. City of New York. In doing so, the Tenth Circuit also seems to indicate that the original filing... Continue Reading →

Tags: bar, False Claims Act, FCA, jurisdiction, original source, public disclosure

Fourth Circuit Addresses Expanded Definition of “Original Source”

Posted on February 17, 2016 in Case Analysis, Legal Updates, Litigation Handbook, Original Source, Public Disclosure Bar

In 2010, the False Claims Act (“FCA”) was extensively amended to limit the public disclosure bar and to expand the ability of whistleblowers to qualify as “original sources” in qui tam litigation. This month, the Fourth Circuit Court of Appeals took an in-depth look at both provisions, in the case US ex... Continue Reading →

Tags: False Claims Act, FCA, original source, public disclosure, Third Circuit

New 7th Circuit FCA Case Is a Primer in Whistleblower Cases

Posted on June 18, 2015 in Case Analysis, Conditions of Participation, False Certification, Public Disclosure Bar, Rule 9(b)

The Seventh Circuit Court of Appeals just issued its decision in US ex rel. Nelson v. Sanford-Brown, Ltd.. This decision is sure to find its way into briefs and arguments for years to come in False Claims Act (“FCA”) cases. It touched upon many of the different ways a qui tam relator can... Continue Reading →

Tags: 7th Cir, conditions of participation, False Claims Act, FCA, implied certification, Nelson, original source, PPA, public disclosure, Sanford-Brown, Seventh Circuit

FCA Cases Just Got Harder to Settle

Posted on May 27, 2015 in First to File, Litigation Handbook, Public Disclosure Bar

On May 26, 2015, the United States Supreme Court issued its decision in Kellog Brown & Root Service, Inv. et al. v. United States ex rel. Carter, 575 U.S. ____ (2015), Case No. 12-1497. Most of the commentary on the case centers around the Court’s decision on the Wartime Suspension... Continue Reading →

Tags: bar, Brown, Carter, False Claims Act, FCA, first to file, Kellogg, original source, prejudice, public disclosure, qui tam, Root, settlement, whistleblower

Third Circuit: Pharmacist’s Claims Do Not Survive Public Disclosure Bar

Posted on March 2, 2015 in Case Analysis, Public Disclosure Bar

The Third Circuit Court of Appeals¹ became the third federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.²... Continue Reading →

Tags: Delaware, Express Scripts, Fifth Circuit, Morgan, New Jersey, original source, Pennsylvania, public disclosure bar, sixth Circuit, Third Circuit

Self-Disclosure, the Public Disclosure Bar and the FCA – Uncertainty, Circuit by Circuit

Posted on February 11, 2015 in Case Analysis, Legal Updates, Litigation Handbook, Public Disclosure Bar

Written by David B. Honig and Ritu Kaur Cooper. On February 3, 2015, the Fourth Circuit Court of Appeals ruled that disclosures to the public officials responsible for managing the subject of a False Claims Act lawsuit did not qualify as “public disclosures” for the purpose of the FCA’s public disclosure bar. US... Continue Reading →

Tags: audit, Bank of Farmington, compliance, David B. Honig, False Claims Act, FCA, Graham County, original source, public disclosure, qui tam, Rita Kaur Cooper, self-disclosure, whistleblower

False Claims Act Update – Public Disclosure and Original Source

Posted on October 28, 2014 in Case Analysis, Legal Updates, Public Disclosure Bar

Several FCA opinions have been issued since the last FCA Update. The most interesting is a District of Nevada case, US ex rel Guardiola v Renown Health. Renown Health was the parent company for two other corporate defendants that provided acute health care services. The relator was Renown’s Director of Clinical Compliance. She... Continue Reading →

Tags: 2010, AstraZeneca, Bristo-Myers Squibb, direct and independent, direct knowledge, False Claims, FCA, Guardiola, independent knowledge, jurisdiction, original source, public disclosure, RAC, Renown, Schumann

Dismissal Affirmed!

Posted on July 6, 2005 in Case Analysis

On April 7, 2004, we told you about the Northern District of Illinois’ dismissal of a whistleblower’s case against Catholic Health Partners. On July 6, 2005, the Seventh Circuit Court of Appeals affirmed the dismissal with prejudice. The appellate court found that the whistleblower did not show that any action... Continue Reading →

Tags: dismissal, False Claims Act, fraud with particularity, jurisdiction, material, materiality, motion to dismiss, original source, qui tam, relator, Rule 9(b), whistleblower

Case Dismissed!

Posted on April 7, 2004 in Case Analysis

On April 7, 2004, the District Court for the Northern District of Illinois dismissed a whistleblower’s complaint against Catholic Health Alliance and other Defendants. The Court never even needed to consider the allegations behind the whistleblower’s lawsuit. The case against Catholic Health Alliance was dismissed because the whistleblower was not... Continue Reading →

Tags: dismissed, False Claims Act, FCA, fraud with particulariy, Gross, Northern District of Illinois, original source, public disclosure, Rule 9(b), Seventh Circuit, subject matter jurisdiction