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Expert Analysis

Narrowing Of FCA Public Disclosure Bar Continues

Law360, New York (March 10, 2015, 10:40 AM EDT) -- On Feb. 25, 2015, the Sixth Circuit became the latest federal court of appeals to weigh in on the scope of the False Claims Act's public disclosure bar in its decision in United States ex rel. Whipple v. Chattanooga-Hamilton County Hospital Authority.[1] Specifically, the Sixth Circuit held that the government's earlier administrative audit and investigation was not a bar to FCA liability, continuing the trend among courts of appeal of narrowing the scope of the FCA's public disclosure bar....

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