No. 24-1035

Omni Healthcare, Inc. v. U.S. Oncology, Inc.

Lower Court: Second Circuit
Docketed: 2025-03-31
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split false-claims-act original-source public-disclosure qui-tam relator
Key Terms:
AdministrativeLaw Privacy JusticiabilityDoctri
Latest Conference: 2025-05-15
Question Presented (AI Summary)

Is a qui tam relator barred by the 'public disclosure' of its own prior complaint, and does the public-disclosure bar apply to the unsealing of a first-filed complaint before re-filing a second complaint?

Question Presented (OCR Extract)

1. Is a qui tam relator barred by the “public disclosure” of its own prior complaint? No other circuit court has so held. 2. Does the public -disclosure bar apply to the unsealing of a first -filed complaint after the relator filed its first complaint, but before it re -filed its second complaint? No other circuit court has so held. 3. Was the Second Circuit correct in interpreting the False Claims Act in a way that bars any relator from being an “original source”? Other circuit courts have expressly interpreted the act to hold the opposite.

Docket Entries

2025-05-19
Petition DENIED.
2025-04-29
DISTRIBUTED for Conference of 5/15/2025.
2025-04-23
Waiver of right of respondent U.S. Oncology, Inc. to respond filed.
2025-03-27
Petition for a writ of certiorari filed. (Response due April 30, 2025)

Attorneys

Omni Healthcare, Inc.
George Fortune CarpinelloBOIES SCHILLER FLEXNER LLP, Petitioner
George Fortune CarpinelloBOIES SCHILLER FLEXNER LLP, Petitioner
U.S. Oncology, Inc.
Mark W. MosierCovington & Burling, LLP, Respondent
Mark W. MosierCovington & Burling, LLP, Respondent