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
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
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
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
Today the Sixth Circuit Court of Appeals joined several other Circuit Courts in finding that an administrative review, and even a repayment to the appropriate government oversight entity, did not qualify as a “public disclosure” under the False Claims Act’s public disclosure bar.... Continue Reading →Tags: Chattanooga-Hamilton County Hospital Authority, David Honig, Erlanger, False Claims Act, Farmington, FCA, public disclosure, Ritu Cooper, sixth Circuit, Whipple
A clearly irate Fifth Circuit Court of Appeals reversed summary judgment granted on behalf of Shell Exploration and Development Company, for the second time, and remanded with an order that the case be assigned to a new judge.... Continue Reading →Tags: bar, Fifth Circuit, jurisdiction, Little, public disclosure, Shell
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
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
The Seventh Circuit reversed a district court’s decision finding that it lacked jurisdiction over a whistleblower’s claim under the False Claim Act’s public disclosure bar. In U.S. ex rel. Heath v. Wisconsin Bell, Inc., the Court held that even though the Complaint relied in part upon publicly available information, the... Continue Reading →Tags: E-Rate, FCC, public disclosure, Seventh Circuit, Wisconsin
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