United States Ninth Circuit

Under the False Claims Act, the first-to-file bar, which precludes the filing of subsequent qui tam actions based on facts related to a pending action, does not apply when the first action is jurisdictionally defective because the realtor was not an original source of publicly disclosed information.

Appellate Information

• Argued 07/14/2005
• Decided 08/22/2005
• Published 08/22/2005

Judges

• SILVERMAN, Circuit Judge., Before SILVERMAN, WARDLAW, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David Rude, Clark & Rude, San Jose, CA, for the appellant.


• For Appellees:
  
• Peter D. Keisler, McGregor W. Scott, Michael A. Hirst, Douglas N. Letter and Irene M. Solet, Civil Division, Department of Justice, Washington, D.C., for the appellee.