Ninth Circuit Decides New False Claims Act Requirements for Recovery by Whistleblowers | Practical Law
In US ex rel. Hartpence v. Kinetic Concepts, Inc., the US Court of Appeals for the Ninth Circuit reversed long-standing precedent as to the requirements for recovery by a whistleblower as an "original source" under the False Claims Act (FCA). It determined that there are only two requirements. Specifically, the relator must inform the government voluntarily of the facts underlying her complaint in advance of filing and she must have direct and independent knowledge of those facts.