Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
05-1272
Term
2006 Term
Oral Argument Date
December 05, 2006
Questions Presented
1. Whether the Tenth Circuit erred by affirming the entry of judgment in favor of a qui tam relator under the False Claims Act, based on a misinterpretation of the statutory definition of an “original source” set forth in 31 U.S.C. § 3730(e)(4)?
2. Whether the judgment must be reversed because the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729-33, either on their face or as applied in this case, violate the Appointments and Take Care Clauses of Article II of the United States Constitution?
Case Updates
Supreme Court decides False Claims Act 'qui tam' suit
March 27, 2007
Agreeing with NCLC, the Supreme Court made clear that a private individual who sues in the government’s name under the False Claims Act must have “direct and independent knowledge” of the claims upon which the lawsuit is based.
U.S. Chamber files amicus brief
October 25, 2006
To aid the Supreme Court as it considered the meaning of the “original source” requirement in the False Claims Act, NCLC filed an amicus brief arguing that Congress intended a tighter requirement than that applied by a number of the circuits. By the express terms of the act, only private plaintiffs who are the “original source[s]” of information supporting a claim of fraud against a government contractor may bring actions on behalf of the federal government. Contrary to Congress’ plain intent, some circuits have permitted plaintiffs who did not uncover the fraud at issue to file claims under the False Claims Act.
Cert. petition granted
September 26, 2006
U.S. Chamber urges Supreme Court to review False Claims Act 'qui tam' suit
July 14, 2006
Click here to view the Chamber's amicus brief in support of the petition for writ of certiorari.