Amphastar Pharmaceuticals, Inc. v. Aventis Pharma, SA

A federal False Claims Act suit was properly dismissed because the suit was based on facts publicly disclosed in a prior suit and the plaintiff was not the original source of that information, but learned it only as a party to the prior suit.  The district court properly dismissed this federal False Claims Act suit…

Prather v. Sprint Communications, Inc.

Resolution of the underlying lawsuit (here by a settlement) does not automatically moot an appeal by a person who unsuccessfully sought to intervene in the action, so long as effective relief may still potentially be awarded the would-be intervenor. Under the Federal False Claims Act, a relator is entitled to the same rights in a…

Prather v. AT&T, Inc.

For purposes of the False Claims Act, plaintiff (a New York Deputy AG) did not fall within the pre-2010 definition of an “original source,” because he had only suspicions—not direct knowledge—of defendant’s fraudulent overcharging of the government for wiretaps, and he disclosed those suspicions in response to a FCC inquiry rather than voluntarily.  Plaintiff, a…

United States ex rel. Kelly v. Serco, Inc.

Because no statute, regulation or contract provision required defendant to use a progress charting tool known as an earned value management system, defendant did not violate the False Claims Act, as plaintiff alleged, by an implied false certification that it used that tool.  The trial court properly granted the defendant summary judgment in this False…

State Farm Fire & Casualty Co. v. United States ex rel. Rigsby

If a private relator fails to respect the 60-day statutory seal on release of information while the Attorney General reviews a False Claims Act complaint, the district court, in its discretion, may dismiss the complaint or impose other sanctions; dismissal is not mandatory.  Under 31 USC 3730(b)(2), a private relator is supposed to file a…

Universal Health Services, Inc. v. United States

The Supreme Court endorses the implied false certification theory of violation of the federal False Claims Act, but only if the undisclosed facts (such as violations of law) would be material to the United States’ decision to pay the claim.  The implied false certification theory can be a basis for recovery under the federal False…