Legal Opinion

US Ex Rel. Marc Wichansky v. Zoel Holding Co.

Court of Appeals for the Ninth Circuit

Decided July 31, 2017No. 14-17528UnpublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM **

Marc Wichansky (“Wichansky”) appeals the district court’s order granting Defendants-Appellees’ (“Defendants”) motion to dismiss Wichansky’s False Claims Act (“FCA”) qui tam action. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand.

Defendants moved to dismiss Wichan-sky’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendants argued that Wichansky’s FCA action was barred by the public disclosure bar. Defendants asserted that Wichansky’s allegations failed to establish that he was an original source, and attached exhibits to…

2Cases cited5 opinions

  1. Safe Air for Everyone v. MeyerCourt of Appeals for the Ninth Circuit · 2004
  2. Shelley Savage v. Glendale Union High School, District No. 205, Maricopa CountyCourt of Appeals for the Ninth Circuit · 2003
  3. United States Ex Rel. Meyer v. Horizon Health Corp.Court of Appeals for the Ninth Circuit · 2009
  4. United States Ex Rel. Hartpence v. Kinetic Concepts, Inc.Court of Appeals for the Ninth Circuit · 2015
  5. Prather v. AT&T, Inc.Court of Appeals for the Ninth Circuit · 2017

3Cited by7 opinions

  1. Levone Harris v. Km Industrial, Inc.Court of Appeals for the Ninth Circuit · 2020
  2. Betancourt v. River Lanes of Titusville IncDistrict Court, M.D. Florida · 2023
  3. Matter of PeredoSuperior Court of Guam · 2021
  4. McCune v. Nova Home LoansDistrict Court, D. Arizona · 2020
  5. Polk v. YeeDistrict Court, E.D. California · 2020

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