Court Highlights Need for Experienced Qui Tam Counsel

Recently a federal court of appeals highlighted the importance of having experienced qui tam counsel. In U.S. ex rel. Summers v. LHC Group, Inc., No. 09-5883 (6th Cir. Oct. 4, 2010), the Sixth Circuit held that qui tam cases that are not filed under seal must be dismissed. Notably, the court stressed, “Congress has created the qui tam cause of action in False Claims Act cases, and has imposed procedural conditions on that cause of action as it sees fit to balance competing policy goals. We will not second-guess its calculus; without meeting those conditions, a False Claims Act plaintiff has no more right to bring suit in the Government’s name than any other private person.”

This decision establishes a per se rule mandating dismissal of qui tam actions that do not meet all of the FCA procedural requirements. In order to navigate the Act’s many procedural landmines, potential whistleblowers should retain experienced qui tam counsel. After several recent amendments, the False Claims Act is now full of additional nuances and roadblocks.

Nolan & Auerbach, P.A. has been at the forefront of these recent developments. Indeed, when Congress recently amended the False Claims Act, it called on Nolan & Auerbach, P.A. Partner Jeb White to testify about the importance of these statutory changes.

For more information about qui tam law and health care fraud, contact Nolan & Auerbach, P.A.

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