Public Disclosure Grounds Appropriate for Summary Judgment, Not Motion to Dismiss; United States District Court for the Eastern District of Texas, Sherman Division, No. 4:14-CV-00833, U.S. ex rel. Andrew Mitchell v. CIT Bank N.A. et al.

The district court denied a motion to dismiss a qui tam case alleging fraud on government mortgage protection programs, explaining that a request to dismiss claims on public disclosure grounds should be filed as a motion for summary judgment, not a motion to dismiss.