Civil False Claims Act: Supreme Court Agrees to Decide Another 'Public Disclosure' Issue: Are Documents Obtained Through FOIA Requests 'Public Disclosures' Under the False Claims Act?
Mondaq Business Briefing › Nbr. 2010, January 2010
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United States ex rel. - Freedom of Information Act - Case overview
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Civil False Claims Act: Supreme Court Agrees to Decide Another 'Public Disclosure' Issue: Are Documents Obtained Through FOIA Requests 'Public Disclosures' Under the False Claims Act?
For years, the circuit courts have been clearly and deeply split on the issue of what "public disclosure" means when the qui tam relator learns critical elements of his or her claim as a result of receiving documents from a government agency under the Freedom of Information Act ("FOIA"). Yesterday, after declining to weigh in on a separate "public disclosure" circuit split earlier this summer,1 the Supreme Court granted certiorari in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-188 and will resolve that conflict. The decision below, United States ex rel. Kirk v. Schi...
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