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A New Roadblock For Qui Tam Relators

Law360, New York (June 1, 2011, 1:54 PM EDT) -- The False Claims Act’s “public disclosure bar” generally forecloses qui tam suits that are “based upon the public disclosure of allegations or transactions” in a governmental “report, hearing, audit or investigation.” On May 16, in Schindler Elevator Corp. v. United States ex rel. Kirk, the U.S. Supreme Court held that “a federal agency’s written response to a request for records under the Freedom of Information Act ... constitutes a ‘report’ within the meaning of the public disclosure bar.”

The Supreme Court’s decision, which reversed the Second...
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