Rosenberg v. JPMorgan Chase & Co.Annotate this Case
The Supreme Judicial Court affirmed the judgment of a judge of the superior court dismissing Relator's claims alleging that Defendants collectively engaged in and conspired to engage in fraud, holding that this suit was subject to the public disclosure bar of the Massachusetts False Claims Act (MFCA), Mass. Gen. Laws ch. 12, 5A-50.
The MCFA contains a public disclosure bar that generally requires that an action be dismissed if substantially the same allegations or transactions as alleged have previously been disclosed through certain enumerated sources. Relator commenced this action on behalf of the Commonwealth against certain financial institutions and their subsidiaries. Defendants argued that dismissal was required pursuant to the MFCA's public disclosure bar because the subject transactions had previously been disclosed to the public through news media and Relator was not an original source of the information concerning the fraud. The superior court dismissed the complaint. The Supreme Judicial Court affirmed, holding that the superior court correctly dismissed Relator's claims.