U.S. Court of Appeals for the Second Circuit

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Second Circuit affirms dismissal of False Claims Act suit, applying the pre-2010 version of the public disclosure bar

March 28, 2023

Click here to view the order.

U.S. Chamber files amicus brief

August 01, 2022

The brief urges the Second Circuit to reject plaintiffs’ contention that in a False Claims Act case, the pre-2010 public disclosure bar provisions are triggered only by a prior public disclosure that involved the exact same allegations at issue in the case and that specifically named the defendant in the case. The brief also urges the court to uphold the robust application of Fed. R. Civ. P. 9(b) in FCA cases.

James F. Segroves of Reed Smith LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents