Circuit split · false claims act litigation
Whether and how the False Claims Act's qui tam jurisdictional bar applies — the meaning of the public-disclosure/original-source provisions' terms 'based upon,' 'public disclosure,' 'allegations or transactions,' 'original source,' 'direct and independent knowledge,' and 'information' (31 U.S.C. § 3730(e)(4)).
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
District of Columbia Circuit Court of Appeals · January 24, 1997
“Predictably, these jurisdictional provisions too have led to extensive litigation and to circuit splits concerning the meaning of the words “based upon,” “public disclosure,” “allegations or transactions,” “original source,” “direct and independent knowledge” and “information.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
31 U.S.C. § 3730 — Civil actions for false claims
“(a) Responsibilities of the Attorney General.— The Attorney General diligently shall investigate a violation under section 3729. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person. (b) Actions by Private Persons.— (1) A person may bring a civil action for a violation of section 3729 for the person and for the United States Government. The action shall be brought in the name of the Government. The action may be dismissed only …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · D.C. Cir.United States ex rel. Springfield Terminal Ry. Co. v. Quinn14 F.3d 645
- Discussed · 2d Cir.United States ex rel. Doe v. John Doe Corp.960 F.2d 318
- DiscussedWang v. FMC Corp.975 F.2d 1419
What the split turns on
- Doctrines & tests:
- public disclosure bar ·
- 'government knowledge' jurisdictional bar
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.