New York Codes, Rules and Regulations
Title 13 - DEPARTMENT OF LAW
Chapter IX - FALSE OR FRAUDULENT CLAIMS INVOLVING GOVERNMENT FUNDS OR PROPERTY
Part 400 - PROCEDURAL REGULATIONS OF THE FALSE CLAIMS ACT
Section 400.5 - Public disclosure bar motions

Universal Citation: 13 NY Comp Codes Rules and Regs ยง 400.5

Current through Register Vol. 46, No. 12, March 20, 2024

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.

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