qui tam action


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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 ?
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.