Tenth Circuit: U.S.  ex rel. Fiorisce, LLC v. Colorado Technical University, Inc. (10th Cir. July 26, 2024)

This brief discusses denial of a motion to dismiss on public disclosure grounds and why this is not an appealable collateral order. The brief explains that the public disclosure defense, post-2010 False Claims Act amendments, only applies in cases where substantially the same fraud has been publicly disclosed and the relator’s knowledge adds no material value to those disclosures.