‘Qui Tam Whistleblower’ Category

September 14, 2015 September 14, 2015 — As summarized in a previous post, whistleblowers (also known as relators) interested in filing a qui tam case must act quickly, because by statute only the whistleblower who is “first to file” her complaint is entitled to pursue the action with or on behalf of the government. Where, however, a whistleblower is able to establish that her allegations are materially...

September 10, 2015

September 10, 2015 — California is one of two states that has a unique statute that permits qui tam actions in the context of private insurance claims. Generally, qui tam cases involve claims paid for by the government. Any claims paid for by private insurance companies under the False Claims Act are not actionable. Within the False Claims Act context, the idea is that the...

August 27, 2015 August 27, 2015 – This is an inquiry that comes up relatively often in qui tam cases. Often, when prospective clients tell us their stories, we see multiple actionable claims against the defendant. This may include employment claims such as discrimination, retaliation, wage and hour losses, alongside qui tam claims on behalf of the government. A basic difference between the two is that the...

August 17, 2015 August 17, 2015 — One of the largest for-profit colleges still in operation, the University of Phoenix, is being investigated by the government for allegedly deceptive marketing practices. The struggling school is facing a probe by the Federal Trade Commission (FTC) as to whether it engaged in deceptive marketing practices. As part of the investigation, the school must turn over documents...

August 10, 2015 August 10, 2015 — Kevin J. Ryan, of Frederick, MD, a former sales agent for NuVasive Inc., a medical device company, was awarded $2.2 million for blowing the whistle on NuVasive for off-label marketing. Specifically, Ryan accused his former employer NuVasive of marketing its spinal treatment device for surgical uses that were not approved by the U.S. Food and Drug Administration (FDA) and for...

August 3, 2015 Praising Whistleblowers  on the 237th Anniversary of America’s First Whistleblower Law August 3, 2015 — In a recent statement, Senator Chuck Grassley marked the 237th anniversary of the first whistleblower law with praise for the False Claims Act (FCA) and the whistleblowers (also called “relators”) who have made it so successful. As explained by the...

July 27, 2015 July 27, 2015 — Individuals who file a false claims act case (“relators”) are statutorily entitled to a percentage of the reward. The statute provides a range between 15% and 30% depending on the depth of contribution by the relator. And, generally, the sole entity authorized to make the determination of whether the reward will be closer to 15% or 30% is the government.  Relators are...

July 20, 2015 What is the Federal False Claims Act? July 20, 2015 — The False Claims Act (31 U.S.C. §§ 3729–3733, also called the “Lincoln Law”) is a federal law that imposes liability on persons and companies who defraud governmental programs. It is one of the federal government’s primary tools used to combat fraud. Importantly, the Act has qui tam provisions, which allow a...

July 16, 2015 Texas Supreme Court Weighs in, with Relevant Implications for Whistleblowers July 16, 2015 — In addition to the more common forms of retaliation – e.g., changes in employment status – whistleblowers are also increasingly subject to counterclaims and lawsuits for conduct related to blowing the whistle. Some, for instance, have been accused of libel and trade libel for providing...

July 9, 2015 July 9, 2015 — If you have been speaking to various qui tam attorneys to determine which attorney you would like to represent you, then you may have heard them quote a rather long average of time for case resolution. This article will address the various reasons why qui tam cases on average take longer to resolve than most lawsuits. The government needs time to investigate To commence a...