Qui tam whistleblower case in 2nd Circuit holds that public disclosure does not necessarily disqualify an action. Rather, it is discretionary with the court. This Circuit made the same type of ruling in U.S. ex rel Hayes v Allstate Ins. Co. 853 F.3d 80, 86(2d Cir. 2017) when it held that not being the first to file, long held to be jurisdictionally disqualifying, was likewise up to the discretion of the court as to whether it wanted to hear and decide other issues. These two holdings are at strong variance with the majority of the circuits. Hayes has applied for certiori to the Supreme Court.
Categories: Whistleblower cases - Qui Tam