· 3/18/1997
United States of America, Ex Rel. D.J. Findley v. Fpc-Boron Employees' Club
Citations
- 105 F.3d 675
- 323 U.S. App. D.C. 61
- 1997 WL 24258
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “[i]f a relator merely uses his or her unique expertise or training to conclude that the material elements already in the public domain constitute a false claim, then a qui tam action cannot proceed”
- acknowledging that “our interpretation of the jurisdictional bar may on occasion prevent qui tom lawsuits that may not be truly ‘parasitic’ ”
- explaining that a relator must have direct and independent knowledge \of the information on which the publicly disclosed allegations are based\
- finding that Siller’s definition of “based upon” renders the “original source” provision largely superfluous
- finding that a qui tam action was barred where the complaint was based on publicly disclosed information that “already enable[d] the government to adequately investigate the case and to make a decision whether to prosecute”
- explaining that if a complaint “merely echoes publicly disclosed, allegedly fraudulent transactions that already enable the government to adequately investigate the case and to make a decision whether to prosecute, the public disclosure bar applies”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wald, Williams, Tatel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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