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Article: CIVIL FALSE CLAIMS ACT: First Circuit "Public Disclosure" Decision Misreads The "Plain Meaning" Of The FCA's Original Source Provision And Encourages Parasitic Suits.
- Article from:
- Mondaq Business Briefing
- Article date:
- August 27, 2009
- Author:
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Some of the most contentious matters of statutory interpretation that arise under the False Claims Act relate to the FCA's "public disclosure bar." This provision, which remains in place following the recent FCA amendments, determines the fate of many qui tam relators and the defendants they sue. It has been the source of numerous circuit court splits, one of which will be decided by the Supreme Court in the next term. See FraudMail Alert No. 09-06-22, Supreme Court Agrees to Hear the Question of Whether Administrative Reports Issued by State and Local Governments Qualify as "Public Disclosures."
In United States ex rel. Duxbury v. Ortho Biotech Products, LP, No. ...