Legal Opinion

United States ex rel. Jamison v. McKesson Corp.

Court of Appeals for the Fifth Circuit

Decided August 5, 2011No. 10-60376PublishedCited by 70 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

The public disclosure bar of the False Claims Act (“FCA”) deprives the district court of jurisdiction whenever qui tarn relators bring a suit based on publically available information. The district court held that it lacked jurisdiction. Because the relator’s action included no allegations specific to the defendants, but merely repeated a general description of fraud easily available in several government documents, we affirm.

I

Thomas Jamison operates a Durable Medical Equipment (“DME” or “DME-POS”) business that provides enteral nutrition products to nursing…

2Cases cited14 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Rockwell International Corp. v. United StatesSupreme Court of the United States · 2007
  3. United States Ex Rel. James M. Thompson v. Columbia/hca Healthcare CorporationCourt of Appeals for the Fifth Circuit · 1998
  4. Graham County Soil & Water Conservation District v. United States Ex Rel. WilsonSupreme Court of the United States · 2010
  5. Herbert Cooper, United States of America, Ex Rel v. Blue Cross and Blue Shield of Florida, Inc.Court of Appeals for the Eleventh Circuit · 1994

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3Cited by70 opinions

  1. United States Ex Rel. May v. Purdue Pharma L.P.Court of Appeals for the Fourth Circuit · 2013
  2. United States of America ex v. Keypoint Government SolutionsCourt of Appeals for the Tenth Circuit · 2019
  3. Access Mediquip L.L.C. v. Unitedhealthcare InsuranceCourt of Appeals for the Fifth Circuit · 2011
  4. United States v. Solvay Pharmaceuticals, Inc.Court of Appeals for the Fifth Circuit · 2017
  5. LifeCare Management Services LLC v. Insurance Management Administrators Inc.Court of Appeals for the Fifth Circuit · 2013

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