United States Sixth Circuit

In a qui tam action against a medical equipment manufacturer, dismissal is affirmed where plaintiff's complaint was jurisdictionally barred by the public disclosure provision of the False Claims Act since the complaint was based on a previously disclosed fraud claim, and the district court did not abuse its discretion by denying plaintiff's requests for discovery and an evidentiary hearing.

Appellate Information

• Decided 01/14/2009
• Published 01/14/2009

Judges

• Before:  DAUGHTREY, CLAY, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andrew R. Carr, Jr., Bateman Gibson, Memphis, Tennessee, for Appellant.  Christine N. Kohl, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Andrew R. Carr, Jr., Everett B. Gibson, Bateman Gibson, Memphis, Tennessee, for Appellant.   Christine N. Kohl, Douglas N. Letter, United States Department of Justice, Washington, D.C., for Appellee.