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- Title
Rockwell International, Pondcrete, and an A La Carte Three-Step Test for Determining an "Original Source" in Qui Tam Lawsuits.
- Authors
Lund, Matthew
- Abstract
he article presents information on the legislative and historical context of qui tam actions under the False Claims Act (FCA) in the U.S. It summarizes the circuit court split on the meaning of the phrase "direct and independent knowledge" involving qui tam actions. It discusses the application of the actions in Rockwell International's holding to the split to show that "independent" no longer has a discrete meaning from "direct" and that "knowledge" could now include a prediction. It also proposes a three-step test that would resolve the circuit court split while staying true to Rockwell.
- Subjects
UNITED States; POPULAR actions; LEGAL claims; ROCKWELL International Corp.; ACTIONS &; defenses (Law); CIRCUIT courts
- Publication
Brigham Young University Law Review, 2008, Vol 2008, Issue 4, p1243
- ISSN
0360-151X
- Publication type
Article