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Court Decision

This archive displays posts tagged as relevant to court decisions involving whistleblower laws. You may also be interested in our pages:

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Eighth Circuit Rules That Public Disclosure Bar Applies in Drug Price Inflation Suit

Posted  05/31/17
By Hallie Noecker
Early this month, the U.S. Court of Appeals for the Eighth Circuit declined to revive a whistleblower’s False Claims Act (FCA) suit, ruling that prior litigation and government reports triggered the statutory public disclosure bar, even though the public disclosures at issue did not mention the defendants in the case. The case, United States ex rel. Lager v. CSL Behring. LLC, concerned fraud in the prescription drug...

Fifth Circuit Applies “Demanding” Escobar Materiality Standard

Posted  04/5/17
By Rosie Dawn Griffin The Supreme Court’s holding in Universal Health Services, Inc. v. United States ex rel. Escobar continues to be hashed out in the lower courts. Last month, the Fifth Circuit applied Escobar’s materiality standard in U.S. ex rel Abbott et al. v. BP Exploration and Production, Inc. et al., a whistleblower case former BP contractor Kenneth Abbott brought under the False Claims Act (FCA) in...

Despite A Recent Ninth Circuit Decision, The Law Still Applies To Government-Sponsored Entity Cases

Posted  03/17/16
By Anne Hayes Hartman Two co-whistleblowers lost their bid before the Ninth Circuit last month to proceed with a False Claims Act case alleging that mortgage lenders and servicers defrauded Fannie Mae and Freddie Mac. Those who brought the case (the relators) alleged that the lenders and servicers (the defendants) violated the FCA by falsely ­certifying that loans purchased by Fannie and Freddie were free and...

Fourth Circuit Dismisses Lawsuit Based on Lawyer’s Knowledge Under the Public Disclosure Bar of the False Claims Act

Posted  02/22/16
The Fourth Circuit ruled recently that a False Claims Act case must be dismissed because it was based on information that the attorney representing the qui tam plaintiff had learned during a prior litigation.  In doing so, the court applied what has become known as the “public disclosure bar” – a provision in the False Claims Act that strips a court of jurisdiction to hear cases based on information that has...

Sixth Circuit Adds Further Uncertainty to the Question of Limits on False Claims Act Damages

Posted  02/11/16
By Hamsa Mahendranathan Violators of the False Claims Act can be subject to significant damages: the Act provides treble damages and civil penalties of between $5,500 and $11,000 for each false claim.  But in some cases, the correct measure of damages can be a murky subject. This is especially true when considering whether the damages should account for any value the government received on the contract.  Last...

Third Circuit Opens Door Wider For Whistleblowers Under Original Source Exception To False Claims Act Public Disclosure Bar

Posted  02/10/16
By Gordon Schnell
Under the False Claims Act, the public disclosure bar prevents whistleblower suits challenging fraud already disclosed through certain public channels like the news media.  The rule is designed to discourage whistleblower actions based on information already in the public domain, unless it was the whistleblower that actually put it there.  It is supposed to neatly balance the twin-goals of discouraging so-called...

Whistleblower Showdown Heads to Supreme Court

Posted  09/30/15
By Eric Havian (published on A recent decision by the Second Circuit Court of Appeals in New York has staged a showdown for the Supreme Court to decide what protections whistleblowers should receive when they report illegal activity internally and an employer retaliates as a result. However the Supreme Court decides, corporate officers should take a deep breath and think about the impact of the positions...

Ninth Circuit Victory For Whistleblowers In Narrowing "Public Disclosure" And "First-To-File" Bars To Bringing Qui Tam Actions

Posted  07/10/15
By Gordon Schnell
In a major victory for whistleblowers, the Ninth Circuit in United States ex rel. Hartpence v. Kinetic Concepts, Inc. narrowed the reach of two significant bars to bringing qui tam lawsuits under the False Claims Act.  Under the so-called "public disclosure" bar, the Ninth Circuit reversed its own precedent and ruled the "original source" exception to the bar does not require the whistleblower to have played a role...


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