Wednesday, June 20, 2012

First Reported Case in Which the Government Declines to Exercise its Veto of Public Disclosure Dismissal

Readers, I commend to you the recent article on US ex rel Sanchez v. Abuabara, No. 10-61673 (June 4, 2012, S.D. Fla.), "Government Declines to Exercise New Authority Over Public Disclosure Motion", by Scott Stein of Sidley Austin's "Original Source" False Claims Act Blog.

I heard about this case at the recent Qui Tam and False Claims Act Enforcement Conference, and it was referred to by one speaker as the first reported case to reference the government's new authority under the False Claims Act to oppose and prevent the dismissal of a relator's claim on the grounds that it had already been publicly disclosed. 31 U.S.C. 3730(e)(4)(A).   I would not describe the opinion itself as a page turner, but Mr. Stein does a good job explaining the significance of this recent case.

A. Brian Albritton

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