Robert V. Smith v. Jay A. Odom, et al.
Whether the requirement in 31 U.S.C. § 3730(e)(4)(B) that a relator have "knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions" requires a distinct inquiry into whether the relator's non-public information meaningfully contributes to the government's understanding or ability to act on the publicly disclosed information, as applied by a majority of circuits, or whether overlap with public disclosures bars the action, as applied by other circuits?
Whether the requirement in 31 U.S.C. § 3730 (e)(4)(B) that a relator have 'knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions' requires a distinct inquiry into whether the relator's non-public information meaningfully contributes to the government's understanding or ability to act on the publicly disclosed information, as applied by a majority of circuits, or whether overlap with public disclosures bars the action, as applied by other circuits?