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CAMPBELL v. REDDING MEDICAL CENTER

No. 03-17082.

421 F.3d 817 (2005)

Patrick CAMPBELL, M.D., United States of America and State of California ex rel., Plaintiff-Appellant, United States of America, Intervenor-Appellee, v. REDDING MEDICAL CENTER, a California corporation; Tenet Healthcare Corporation, a Nevada corporation; Chae Hyun Moon, M.D.; Thomas Russ, M.D.; Fidel Realyvasquez, M.D.; Tenet Healthsystem Hospitals, Inc., a Delaware corporation; Cardiology Associates of Northern California; Ricardo Moreno-Cabral, M.D., dba Cardiac Thoracic and Vascular Surgery Medical Group, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2005.

Attorney(s) appearing for the Case

David Rude, Clark & Rude, San Jose, CA, for the appellant.

Peter D. Keisler, McGregor W. Scott, Michael A. Hirst, Douglas N. Letter and Irene M. Solet, Civil Division, Department of Justice, Washington, D.C., for the appellee.

Before SILVERMAN, WARDLAW, and CLIFTON, Circuit Judges.

SILVERMAN, Circuit Judge.

The False Claims Act provides that "[n]o court shall have jurisdiction" over a qui tam action based on allegations of fraud that already have been publicly disclosed, unless the relator was an "original source" of the information. 31 U.S.C. § 3730(e)(4)(A). In addition, the Act precludes any person from filing a subsequent "related action based on the facts underlying the pending action" when a qui tam action already has been filed....

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