United States First Circuit

The district court's dismissal of plaintiff's federal False Claims Act (FCA) complaint on grounds that it was jurisdictionally barred by the FCA's public disclosure provision is: 1) affirmed in part, as to Aspects 1 and 3 of defendant's alleged fraudulent scheme that was disclosed by defendant's prior California suit; but 2) vacated in part, as to Aspect 2, which had not been disclosed by way of being substantially similar to the information contained in defendant's prior California suit, and the matter is remanded for the district court's consideration of whether plaintiff's remaining FCA claim was sufficiently pled.

Appellate Information

• Decided 04/12/2013
• Published 04/12/2013

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel