108) When an employee has signed such a waiver, employers may claim that the employee has waived her right to proceed as a plaintiff-relator in a qui tam action
against the employer.
Finally, compelling a qui tam action
under the FCA to arbitrate stifles the government from prosecuting an action because of an arbitration agreement signed by a third party.
Kriss has no involvement whatsoever in the qui tam action
Though most states have False Claims Act provisions, many of these states explicitly bar qui tam actions
related to most state taxes.
Importantly, the district court certified the two central issues in the settlement motion for interlocutory appeal, explaining that "the Court will certify its ruling on the two questions addressed in this order, to wit: (1) the government's right to reject a settlement in a qui tam action
to which it has not intervened; and (2) the Plaintiff--Relators' use of statistical sampling to prove liability and damages, for interlocutory appeal, pursuant to 28 U.
In Takeda, a sales manager for Takeda Pharmaceuticals brought a qui tam action
alleging that Takeda used a scheme to market its products for "off-label" uses, and the resulting claims for the products were then reimbursed by Medicaid and Medicare, constituting false claims.
31) Generally, a private person has standing to bring a qui tam action
under an informer statute; however, no court has explicitly held that [section] 962 is a qui tam statute--though in United States ex rel.
In that case, the Illinois Supreme Court interpreted a state statute with informer language similar to the language in the Neutrality Act, and held that it afforded an informer a right to pursue a qui tam action
for the recovery of various statutory penalties.
Rapp also notes that a qui tam action
would have provided plaintiffs with a forum to be heard.
Private individuals, including whistle-blowers, civic associations, or public interest groups, can file a so-called qui tam action
74) If the government decides to intervene in the qui tam action
and ultimately reaches a cash settlement or prevails in court, the qui tam relator can receive up to one-fourth of the government's recovery as a reward for alerting the government to the false claims.
12) The statute also contains a qui tam provision authorizing private persons to bring, as relators, civil actions on behalf of the United States (13) and the federal government has the option to intervene in a qui tam action
and assume primary responsibility over it.