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.