FCA Fights Can't Rely On FOIA Requests: High Court

Law360, New York (May 16, 2011, 3:43 PM EDT) -- The U.S. Supreme Court ruled Monday that whistleblower suits brought under the False Claims Act could not be based on Freedom of Information Act requests, siding with an elevator company accused of failing to report the number of veterans it employed.

In a 5-3 reversal, in which Justice Elena Kagan recused herself, the Supreme Court found that FOIA requests qualify as “reports" that trigger the public disclosure bar of qui tam, or whistleblower, actions under the FCA.

U.S. Army veteran Daniel Kirk launched the FOIA fight,...
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