9th U.S. Circuit Court of Appeals
Oct. 21, 2025
9th Circuit rejects broad public disclosure bar in whistleblower cases
The 9th Circuit clarifies that prior media reports and earlier lawsuits won't automatically block whistleblower claims unless they reveal the same critical facts firsthand.
Stephen D. Kaus
Mediator and Arbitrator
JAMS
Hon. Stephen Kaus (Ret.) is a JAMS mediator and arbitrator with more than 50 years of legal experience, including 12 years as a judge on the Alameda County Superior Court. Before joining the bench, he practiced civil litigation, handling complex commercial, employment, insurance and professional liability matters. He now focuses on resolving complex disputes through mediation and arbitration, drawing on his extensive courtroom and settlement experience.
What lawyer, or prospective lawyer, has not dreamed for at least a moment of the riches to be earned by representing a whistleblower under the federal False Claims Act (FCA), 31 U.S.C. § 3729. In September, the 9th Circuit Court of Appeals, consistently with other courts, confirmed that the road to a substantial recovery for an FCA or qui tam action is less rocky than one might think.
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