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D.C. Circuit Affirms Dismissal of False Claims Case Against UScellular

The U.S. Court of Appeals for the D.C. Circuit on Tuesday upheld a lower court’s dismissal of additional False Claims Act actions brought by lawyers Mark O’Connor and Sara Leibman, who allege that UScellular and other defendants fraudulently claimed that…

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Frequency Advantage was a “very small business” qualifying for “designated entity” status and a bidding discount in FCC auctions (see 2303280061). Other defendants include King Street Wireless, Carroll Wireless and Barat Wireless. The case “must be dismissed because the frauds Leibman and O’Connor allege were publicly disclosed in an earlier lawsuit, and they are not original sources of the information,” Judge Neomi Rao wrote in a decision in docket 23-7044. “We therefore affirm the judgment of the district court.”