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United States v. Chattanooga-Hamilton County Hosp. Auth.

United States Court of Appeals, Sixth Circuit

February 25, 2015

UNITED STATES OF AMERICA, et al., Plaintiffs, ROBERT WHIPPLE, Plaintiff-Appellant,
v.
CHATTANOOGA-HAMILTON COUNTY HOSPITAL AUTHORITY, dba Erlanger Medical Center, dba Erlanger Health System, Defendant-Appellee

Argued: September 30, 2014

Page 261

Appeal from the United States District Court for the Middle District of Tennessee at Nashville. No. 3:11-cv-00206--Todd J. Campbell, District Judge.

ARGUED:

Jamie M. Bennett, ASHCRAFT & GEREL, LLP, Landover, Maryland, for Appellant.

Jeffrey S. Bucholtz, KING & SPALDING LLP, Washington, D.C., for Appellee.

ON BRIEF:

Jamie M. Bennett, Nathan M. Peak, ASHCRAFT & GEREL, LLP, Landover, Maryland, Brian J. Markovitz, Jay P. Holland, Meredith L. Schramm-Strosser, JOSEPH, GREENWALD & LAAKE, P.A., Greenbelt, Maryland, for Appellant.

Jeffrey S. Bucholtz, KING & SPALDING LLP, Washington, D.C., Lynn M. Adam, KING & SPALDING LLP, Atlanta, Georgia, for Appellee.

David J. Chizewer, GOLDBERG KOHN LTD, Chicago, Illinois, for Amicus Curiae.

Before: GUY, CLAY, and WHITE, Circuit Judges.

OPINION

Page 262

RALPH B. GUY, JR., Circuit Judge.

Robert Whipple, the relator in this qui tam action, appeals from the district court's determination that certain claims he brought under the federal False Claims Act (" FCA" ), 31 U.S.C. § 3729(a)(1), were jurisdictionally barred under the FCA's public-disclosure bar, 31 U.S.C. § 3730(e)(4). Finding there was not a " public disclosure" sufficient to trigger the jurisdictional bar, we need not decide whether the original-source exception to that bar would apply here. The dismissal of ...


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