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Seventh Circuit Expands the "Based Upon" Exception to Jurisdiction in False Claims Act Lawsuits by Robert R. Stauffer
Jenner & Block LLP - Chicago Office
Sandi J. Toll
Jenner & Block LLP - Chicago Office
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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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