False Claims Act — public disclosure

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2014//

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U.S. Court of Appeals for the 7th Circuit

Civil

False Claims Act — public disclosure

Where a qui tam plaintiff engaged in his own investigation, he is not barred from recovery by the public disclosure bar.

“Heath is not one of the ‘opportunistic plaintiffs who have no significant information to contribute of their own.’ Graham Cnty., 559 U.S. at 294. Through his own investigation and initiative, Heath established that schools were being charged prices well above the LCP—both by comparing rates between the schools and subsequently the VNS Agreement—and brought ‘genuinely new and material information’ to the government’s attention. Goldberg, 680 F.3d at 936. Accordingly, his allegations are not precluded by the public disclosure bar.”

Reversed and Remanded.

12-3383 U.S. v. Wisconsin Bell, Inc.

Appeal from the United States District Court for the Eastern District of Wisconsin, Adelman, J., Kanne, J.

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