N.Y. Comp. Codes R. & Regs. tit. 12 § 400.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 400.5