U.S. District Court for Middle District of Florida Finds that Relator’s Action Is Not Precluded Under Public Disclosure Bar by Another Relator’s Qui Tam Action


In United States ex rel. Ana v. Winter Park Urology Associates., P.A., No. 6:10-cv-806-Orl-28TBS, 2013 U.S. Dist. LEXIS 19419 (M.D. Fla. Feb. 13, 2013), the U.S. District Court for the Middle District of Florida held that the public disclosure bar did not apply when the alleged public disclosure was “another qui tam suit involving similar allegations against different defendants in another city.”  Id. at *2.  Judge John Antoon found that the defendants’ “argument that similar allegations against unrelated defendants,” id. at *3, can constitute “public disclosures” under the public disclosure bar was foreclosed by the Eleventh Circuit’s decision in Cooper v. Blue Cross & Blue Shield of Florida, Inc., 19 F.3d 562, 566 (11th Cir. 1994).