Federal False Claims Act and Qui Tam Litigation
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Federal False Claims Act and Qui Tam Litigation is a unique guide to this vital area. Unlike many treatises that focus solely on the plaintiff whistleblower or "relator," this book provides detailed, comprehensive coverage of the interests of all the participants in qui tam cases—the relator, the defendant corporation, the federal and state governments, and the courts. It also provides state-of-the-art analysis of the latest cases and whistleblower statutes, federal, state and municipal.
Topics include: evaluating the merits of a potential action; determining whether the relator would be barred or restricted from any recovery for retaliation; for plaintiffs, locating a favorable judiciary and an aggressive prosecutor's office; for defendants, anticipating, preventing and responding to litigation; determining whether a claim is material; theories of liability under the FCA; government indifference or concurrence with erroneous certification; assessing an appropriate relator's share of any recovery; parallel criminal actions; and more.
Each chapter concludes with detailed analysis of the strengths and weaknesses of significant cases for the relator, the defense, the government and the judiciary. This is a book that will help all parties understand and master the challenges of this important and growing field.
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Table of Contents
Scope and Introduction
History of the False Claims Act
What Constitutes a Claim
Healthcare Fraud Cases Under the FCA
Other Kinds of Fraud Cases Under the FCA
Protection from Retaliation
Jurisdiction, Venue, and Other Threshold Issues
Pretrial Procedures, Discovery, and Appeals
Pitfalls of Filing Suit
FCA Damages and Penalties
Defending and Preventing Suit
Settlement, Attorney's Fees, Relator Share, and Dismissal
State and Municipal False Claims Acts and Other Whistleblower Statutes
Non-FCA Federal Whistleblower Programs
Table of Abbreviations