2nd Circ. Cans FCA Suit Over Building's Rent Control Exit

Law360, New York (August 27, 2013, 3:55 PM EDT) -- A lawsuit over a Manhattan apartment complex’s exit from rent control cannot be brought under the False Claims Act because the underlying information was already disclosed in a state court proceeding, the Second Circuit ruled Tuesday.

The ruling upholds a 2010 decision by New York's Southern District that it lacked subject matter jurisdiction because the information about Henry Phipps Plaza West’s exit from the city’s rent control program was publicly disclosed during state court proceedings that later were settled and because the plaintiff was not an...
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