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public disclosure bar

D.C. Court of Appeals Shuts Down Recycled Fraud Claims Under Public Disclosure Bar

[03/24/25]

Posted on March 24, 2025 in False Claims Act Defense, Litigation Analysis

Published by: Hall Render

In United States ex rel. O’Connor v. USCC Wireless Investment, Inc., relators filed a qui tam action under the False Claims Act (“FCA”). On February 11, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s ruling that (1) a previous lawsuit had raised substantially the same allegations, triggering the FCA’s public... READ MORE

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

[03/03/15]

Posted on March 3, 2015 in False Claims Act Defense

Published by: Hall Render

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federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.² In a non-precedential opinion, the Third Circuit affirmed the dismissal of a pharmacist’s allegations finding the allegations were based on public information for which the Relator was... READ MORE

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

[03/02/15]

Posted on March 2, 2015 in Health Law News

Written by: Drew B. Howk

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federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.² In a non-precedential opinion, the Third Circuit affirmed the dismissal of a pharmacist’s allegations finding the allegations were based on public information for which the Relator was not... READ MORE

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Eighth Circuit: Public Disclosure Bar Includes Public Commission Testimony

[06/28/14]

Posted on June 28, 2014 in False Claims Act Defense

Written by: Drew B. Howk

The Eighth Circuit affirmed that a Missouri regulatory commission’s publication of hearing testimony was “news media” sufficient to trigger the False Claims Act’s public disclosure bar. The False Claims Act includes a provision that bars FCA actions by qui tam relators if the subject matter of the action has been sufficiently disclosed by a... READ MORE

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