based upon definition
based upon means the same thing in both clauses.” Id. at 37 (citations omitted). Accordingly, the Court held that “a suit against a foreign sovereign may proceed under clause two only if the ‘act performed in the United States in connection with a commercial activity of the foreign state elsewhere’ establishes a fact without which the plaintiff will lose.” Id. at 38 (quoting Nelson, 507 U.S. at 357).
based upon means "based upon," "attributable to," "arising out of," "in connection with" or "in any way related to," with those terms having ascribed to them the fullest meanings under the law.
based upon means “derived from” and because his discovery of the alleged fraud occurred prior to the public disclosure, his Complaint cannot be based upon that later-occurring event; (2) his Complaint contains more specific allegations than the public disclosure and these more specific allegations of fraud should not be subject to the bar; and (3) the public disclosure does not identify the unallowable costs as “false claims” while his Complaint constitutes the first use of the statutory lexicon. Fine made these same arguments in another appeal of a qui tam action. We found them to be without merit, rejected them, and do so again here. United States ex rel. Fine v. MK-Ferguson Co., Nos. 95-2011, 95- 2021, slip op. at 19 (10th Cir. — 1996).