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Which public disclosure bar applies?

Kelley Drye & Warren LLP
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USA
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February 2 2012

A recent case from the District of Massachusetts raises an interesting question under the False Claims Act’s public disclosure bar

More federal qui tam cases filed in 2011 than ever before

Kelley Drye & Warren LLP
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USA
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December 19 2011

According to a press release issued today by the Department of Justice, 638 new whisteblower complaints under the qui tam provisions of the federal False Claims Act were filed under seal in fiscal year 2011, representing a peak in such filings over prior years

Falsity and the FCA: the First Circuit's Blackstone and Amgen decisions (Part IV)

Kelley Drye & Warren LLP
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USA
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August 4 2011

This post explores the potential consequences of the First Circuit’s new falsity test for claims arising under the False Claims Act as set forth in United States ex rel. Hutcheson et al. v. Blackstone Medical, Inc., 2011 WL 2150191 (1st Cir. June 1, 2011) and New York ex rel. Westmoreland et al. v. Amgen, Inc. et al., 2011 WL 2937420 (1st Cir. July 22, 2011) and suggests measures companies may want to consider to minimize FCA exposure

Falsity and the FCA: the First Circuit's Blackstone and Amgen decisions (Part II)

Kelley Drye & Warren LLP
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USA
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August 1 2011

In United States ex rel. Hutcheson et al. v. Blackstone Medical, Inc., 2011 WL 2150191 (1st Cir. June 1, 2011), the relator, a former regional sales manager for Blackstone Medical, Inc., filed a qui tam action against the medical device manufacturer alleging that it violated the federal FCA

Falsity and the FCA: the First Circuit's Blackstone and Amgen decisions (part I)

Kelley Drye & Warren LLP
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USA
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July 31 2011

The False Claims Act does not define what types of claims are “false.”

U.S. Supreme Court holds FCA's public disclosure bar prohibits relators from basing FCA lawsuits on information obtained in response to FOIA requests

Kelley Drye & Warren LLP
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USA
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May 16 2011

On May 16, 2011, in a 5-3 split, the United States Supreme Court issued an opinion in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-188 concerning the public disclosure bar of the False Claims Act

Federal district court in Texas orders government to disclose facts concerning closed criminal investigation in civil FCA action

Kelley Drye & Warren LLP
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USA
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March 23 2011

In civil False Claims Act cases in which the government has intervened, the government will often try to shield some documents from discovery based on a variety of privileges, including privileges generally asserted only by government agencies, such as the investigatory law enforcement privilege, the joint prosecutorial privilege, and the deliberative process privilege

Supreme Court to decide whether FOIA response is a public disclosure under the FCA (part II of II)

Kelley Drye & Warren LLP
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USA
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March 8 2011

This is Part II of our post on Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-1888, a case in which the U.S. Supreme Court heard oral argument last week

Supreme Court to decide whether FOIA response is a public disclosure under the FCA (Part I of II)

Kelley Drye & Warren LLP
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USA
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March 3 2011

On March 1, 2011, the United States Supreme Court heard oral argument in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-1888

Seventh Circuit reverses dismissal based on public disclosure bar

Kelley Drye & Warren LLP
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USA
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February 28 2011

On February 18, 2011, the Seventh Circuit issued a decision concerning the pre-PPACA version of the public disclosure bar under the False Claims Act