Qui Tam Whistleblower Lawyer
Legal Analysis
Sixth Circuit Continues to Insist on "Claims" in U.S. ex rel. SNAPP, Inc. v. Ford Motor Company, 532 F.3d 496 (6th Cir. 2008)
Category: Legal Analysis
Once again, the stubborn judicial insistence on the magical "claim" to satisfy the requirements of Rule 9(b) has felled another detailed complaint. In this instance, despite a detailed exposé of a fraud by one of the participants, the relator's inability to produce a claim led to dismissal under Rule 9(b).
Second Circuit Applies 30-day Filing Period for Notices of Appeal in Unintervened Qui Tams
Category: Legal Analysis
On August 19, 2008, the Second Circuit was faced with the issue of whether a notice of appeal for an unintervened qui tam must be filed within thirty days, as is generally applicable to civil actions, or within the sixty days allowed when the United States is a party. In U.S. ex. Rel. Eisenstein v. City of New York, the Court held that the United States is not a party to a qui tam action where it fails to intervene, and so the Relator must file his notice within thirty days. Because Eisenstein filed his notice of appeal fifty-four days after his complaint was dismissed, the Second Circuit dismissed the appeal as untimely.
U.S. v. Bourseau et al.: Ninth Rejects Presentment Requirement Under FCA 3729(a)(7)
Category: Legal Analysis
In affirming a decision from the United States District Court for the Southern District of California, the Ninth Circuit recently lined up with the Sixth to find that, by the plain language of the statute, presentment is not a requirement under § 3729(a)(7) but that materiality (using the "natural tendency test") is a requirement of the FCA. The Court also rejected an excessive fines challenge.
Bledsoe II
Category: Legal Analysis
Our firm recently completed oral arguments in the Sixth Circuit on the U.S. ex rel. Bledsoe case. This is the second time the Bledsoe case has been before the Sixth Circuit. The issues included FRCP Rule 9(b), alternate remedy, statute of limitations and the dismissal of all claims after determinations that certain claims were viable. In its portion of the argument, the Government stated that it did not like the Bledsoe I decision and asked that it be overturned. We hope to have the argument uploaded in a week or two. The opinion could come in the next few months or just before the end of the year.
Whence the seal II
Category: Legal Analysis
In an earlier entry, I wrote about a possible qui tam that was going to be filed against manufacturers of electronic voting machines and wondered why that would be announced given the seal provision of the FCA. Now, I find that the lawsuit was filed, the date it was filed, and the name of at least one of the defendants. Did someone miss that seal provision?
Whence the seal
Category: Legal Analysis
I first noticed the announcement of a to be filed qui tam lawsuit under the False Claims Act on Bradblog. It appears that as a follow up to the Rolling Stone article on the stolen 2004 election, Robert F. Kennedy, Jr. is going to file a False Claims Act lawsuit against the manufacturers of electronic voting machines.
Serve or be dismissed
Category: Legal Analysis
The Fifth Circuit ruled yesterday that after the government declines a qui tam case and the matter is unsealed, the Relator must serve the complaint or face dismissal.
Heightened pleading in the Sixth Circuit
Category: Legal Analysis
In U.S. ex rel. Sanderson v. HCA-The Healthcare Company, Civil Action No. 04-6342, 2006 U.S. App. Lexis 11765 (6th Cir. May 12, 2006), it appears that another circuit court has embraced the silly heightened pleading standard first established by the absurd 2-1 decision in Clausen v. Laboratory Corp. of America, Inc., 290 F.3d 1301 (11th Cir. 2002).
Justice occasionally peaks over the blindfold
Category: Legal Analysis
The picture of justice blindfolded evokes the mistaken impression that all parties are equal before the law. When it comes to actions under the FCA, "it's good to be the King!"
Continue reading "Justice occasionally peaks over the blindfold"