Ninth Circuit, in Solis, Reaffirms Two-Prong Approach to “Original Source” Exception Under Former FCA
The Ninth Circuit recently reversed in part the district court’s dismissal of relator Frank Solis’ claims against his former employers for alleged False Claims Act violations. The district court dismissed Solis’ claims for lack of subject matter jurisdiction under the pre-2010 FCA public disclosure bar because Solis filed them after the fraud was publicly disclosed and so he did not qualify as an original source of information. On appeal, the Ninth Circuit determined that the district court applied the original source test incorrectly, and remanded the claims with instructions to apply the test as set forth in U.S. ex rel. Hartpence v. Kinetic Concepts, Incorporated, 792 F.3d 1121 (9th Cir. 2015).
