United States ex rel. Bly-Magee v. Premo, No. 06-1269 (cert. petition filed on March 16, 2007)

Question Presented: Under the “public disclosure bar” of the False Claims Act, 31 U.S.C. § 3730(e)(4)(A), a court generally may not hear a qui tam action based on “the public disclosure of allegations or transactions . . . in a congressional, administrative, or [GAO] report, hearing, audit, or investigation.”  Does the phrase “administrative . . . report, hearing, audit, or investigation” encompass disclosures by state and local governments, as determined by three federal courts of appeals, or does it refer to disclosures only by the federal government, as held by the Third Circuit?

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