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Seventh Circuit Expands the "Based Upon" Exception to Jurisdiction in False Claims Act Lawsuits |
July 28, 2009
Previously published on July 17, 2009
In a decision that will be of interest to companies faced with defending qui tam lawsuits bought under the False Claims Act (FCA), the Seventh Circuit Court of Appeals in Glaser v. Wound Care Consultants, Inc., et al., No. 07-4036, 2009 WL 1885500 (7th Cir. July 2, 2009), rejected its long-standing minority position that an FCA lawsuit is "based upon" a public disclosure when the relator's allegations are essentially dependent upon publicly disclosed information and are actually derived from that information.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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