United States of America, Ex Rel., Paul E. Atkinson Eugene Schorsch v. Pa. Shipbuilding Co. First Fidelity Bank, N.A. Sun Ship, Inc., Paul E. Atkinson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “a plaintiff/relator cannot rely solely on information in the public domain to substantiate original source status”
• recognizing that we may properly consult external evidence in a factual challenge to subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1)
• holding that the district court correctly found that the Rule 12(b)(1) challenge was factual as it concerned relator’s failure to comport with the jurisdictional prerequisites contained in the FCA
• explaining that “dismissals based on subject matter jurisdiction or preemption should be understood as being on the merits”
• explaining that amendment is futile when the “legal inadequacy” of claims “cannot be solved by providing a better factual account”
• noting that “parties that do not appear in amended complaints have a legitimate expectation that they are no longer involved in the litigation”

Source: CourtListener parenthetical corpus (CC0).