qui tam action


Also found in: Medical.

qui tam action

(kwee tam) n. Latin for who as well, a lawsuit brought by a private citizen (popularly called a "whistle blower") against a person or company who is believed to have violated the law in the performance of a contract with the government or in violation of a government regulation, when there is a statute which provides for a penalty for such violations. Qui tam suits are brought for "the government as well as the plaintiff." In a qui tam action the plaintiff (the person bringing the suit) will be entitled to a percentage of the recovery of the penalty (which may include large amounts for breach of contract) as a reward for exposing the wrong-doing and recovering funds for the government. Sometimes the federal or state government will intervene and become a party to the suit in order to guarantee success and be part of any negotiations and conduct of the case. This type of action is generally based on significant violations which involve fraudulent or criminal acts, and not technical violations and/or errors.

qui tam action

an action by an informer that in the event of success results in the state and the informer sharing the penalty.
References in periodicals archive ?
Hargrove, Soldiers of Qui Tam Fortune: Do Military Service Members Have Standing to File Qui Tam Actions Under the False Claims Act?, 34 PUB.
at 575 (observing that, under Henry VIII, "[t]he statute of limitations for a qui tam action was reduced temporarily to one year"); see id.
House's failure to sign the agreement can also pursue a qui tam action against Dr.
Ordinarily, in order to intervene for purpose of pursuing the litigation in a qui tam action after the sixty-day seal period expires, (457) the government needs to first make a showing of good cause.
CCH (Riverwoods, IL) and Aspen Publishers (New York), both units of Wolters Kluwer, have added the Health Law Treatises and Analysis Series to CCH's online "Internet Research Network." The four titles in the series include "Hospital Law Manual," "Hospital Contracts Manual," "Defending and Preventing Health Care Fraud and Abuse Cases" and "Civil False Claims and Qui Tam Actions."
Deference to history to validate constitutional status is proper, the majority wrote, when, unlike the case of qui tam actions, the practice "was extensively debated by the adopting Congress and had become part of the fabric of our society."
"[T]he American experience with qui tam proceedings generally paralleled that of England."(21) In fact, the American colonies adopted the concept and it continued well into the twentieth century;(22) however, some states experienced problems similar to those that occurred in England and some eventually passed procedural curbs on the commencement of qui tam suits.(23) Nonetheless, in general, American judicial attitudes toward qui tam actions were mixed, and the prevailing view by the middle of the twentieth century was that "[a]s the public agencies became more effective, the need for qui tam actions diminished."(25)
However, "despite the lack of control mechanisms in [section] 292(b) itself, the Executive Branch is not without the ability to assert its interests in a [section] 292(b) qui tam action," a Virginia federal district court held in Pequignot v.
The FCA also protects a whistleblower that files a qui tam action from being discharged, demoted, or harassed in retaliation for his or her actions.
(177.) See supra note 167 (noting that judgment in a qui tam action bound the public rather than simply the individual relator); see also, e.g., Constitutionality of the Qui Tam Provisions of the False Claims Act, 13 Op.
(2) Depending on what circuit court the hapless relator finds herself in she is just as likely to end up with a mouthful of scalding porridge as she is of maintaining her qui tam action under the False Claims Act (FCA).
Unless you haven't been paying attention, then you have heard and read about qui tam actions. Technically, what lawyers and scholars are talking and writing about is the qui tam provision of the Federal False Claim Act.[1] To review, the qui tam provisions of the Federal False Claim Act permit any citizen who has knowledge of a fraud against the government to initiate a civil action in federal district court in the name of the United States against the perpetrators of the fraud.[2] Numerous articles have discussed the specific requirements and parameters of a qui tam action.[3] Despite the intricate and puzzling terms and requirements of the Federal False Claim Act, since the 1986 amendments to the act qui tam lawsuits have been remarkably successful.