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 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
Last week, the District Court of the Eastern District of Pennsylvania ruled that defendants in a False Claims Act case may bring a cause of action against the Relator for breach of a confidentiality agreement. Though such causes of action have been disfavored by other courts, this ruling paves a... Continue Reading →Tags: confidentiality, counterclaims, Pennsylvania, Third Circuit