United States Tenth Circuit

In a qui tam action under the False Claims Act (FCA) alleging that defendant overbilled the government for Medicare in ten distinct ways, a district court judgment finding that it lacked subject matter jurisdiction under the FCA to hear the case is reversed in part and remanded as: 1) jurisdiction under the public disclosure bar must be assessed on a claim-by-claim basis, and a deficiency in one claim does not preclude jurisdiction over all claims joined in the same lawsuit; and 2) an independent jurisdictional analysis of each of plaintiff's remaining seven claims of fraud was necessary.

Appellate Information

• Decided 08/07/2007
• Published 08/08/2007

Judges

• GORSUCH, Circuit Judge., Before LUCERO, MURPHY, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Maureen A. Sanders, Sanders & Westbrook, P.C., Albuquerque, NM (Duff Westbrook, Sanders & Westbrook, P.C. and Daniel M. Faber, Albuquerque, NM, with her on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Paul E. Kalb, Sidley Austin LLP, Washington, D.C. (John W. Boyd and Zachary A. Ives, Freedman Boyd Daniels Hollander & Goldberg, Albuquerque, NM, with him on the brief) for Defendant-Appellee.