Partner Tom Jeffry Analyzes Ninth Circuit’s Recent False Claims Act Ruling

It is expected that this holding may spark more whistleblowers fights when the Justice Department declines the case as they no longer need to have a hand in the public disclosure of their claims which removes a deterrent for qui tam relators and will open the door for more suits alleging fraud on behalf of the government.

“The ruling in the Kinetic case makes it easier for individuals to qualify as an original source and will spur new whistleblower actions, which are already on the rise,” Tom explained. He added “[i]n the last three or four years, the number of False Claims Act actions have doubled. Now that individuals can commence an action even though the basis for the action may have already been disclosed or known publicly, we’ll see many more cases that will be filed.”

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