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COOPER v. BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC.

No. 92-4875.

19 F.3d 562 (1994)

Herbert COOPER, Plaintiff-Appellant, United States of America, ex rel, Plaintiff, v. BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 21, 1994.

Attorney(s) appearing for the Case

Tracy E. Tomlin, George, Hartz, Lundeen, Flagg & Fulmer, Coral Gables, FL, for plaintiff-appellant.

S. William Livingston, Jr. and Carolyn F. Corwin, Covington & Burling, Washington, DC, for defendant-appellee.

Before EDMONDSON and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.

PER CURIAM:

This appeal involves the jurisdictional bar of the False Claims Act (FCA), 31 U.S.C. § 3730(e)(4) (1986). The district court found appellant James Cooper's (Cooper) qui tam suit barred under this provision. We vacate the dismissal and remand for further proceedings.

The appeal presents three main questions. First, when general allegations of widespread fraud in an industry are publically disclosed, does the jurisdictional bar of the...

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