United States ex rel. Cause of Action v. Chicago Transit Authority

(1) Whether the Seventh Circuit erred in holding that the government disclosure bar, removed from the False Claims Act ("FCA") by Congress in 1986, continues to bar qui tam suits based on false claims that are not publicly disclosed but only revealed to a federal agency"a question over which the Circuits have split; (2) whether a document can effect a "public disclosure" of false claims for purposes of Section 3730(e)(4)(A) of the FCA when it does not disclose necessary elements of a false claim, such as presentment of a claim for payment to the United States, payment of the claim, or scienter"a question over which the Circuits have split; (3) whether a public disclosure of past false claims for purposes of Section 3730(e)(4)(A) of the FCA can bar quit tam suits concerning fraud that had not yet occurred"a question over which the Circuits have split; and (4) whether, if a public disclosure of false claims occurred, a relator is barred from qualifying as an "original source" of FCA allegations when the relator discovers previously undisclosed elements of FCA violations"a question over which the Circuits have split.