13 CRR-NY 400.5NY-CRR
13 CRR-NY 400.5
13 CRR-NY 400.5
400.5 Public disclosure bar motions.
The State shall not seek to dismiss, and shall oppose the dismissal, of a qui tam action pursuant to paragraph (b) of subdivision nine of section 190 of the New York False Claims Act in the event that:
(a) any cause of action in the qui tam plaintiff’s complaint would be dismissed other than a cause of action alleging substantially the same allegations or transactions that have been publicly disclosed in a manner set forth in such paragraph (b); or
(b) any cause of action in the qui tam plaintiff’s complaint would be dismissed pursuant to subparagraph (ii) of such paragraph (b) solely because of an alleged public disclosure in a Federal report, hearing, audit, or investigation.
13 CRR-NY 400.5
Current through July 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.