(131) With that said, the relaxing of the standard will allow more
qui tam claims to survive a motion to dismiss, and logically, this could result in an increase in the number of
qui tam suits that are filed in the Eighth Circuit and that survive early dismissal.
(41) Finally, the Court considered whether [section] 962 is a
qui tam statute and held that it is not because, unlike the FCA, [section] 962 does not assign any of the government's interest to Dr.
In this case, the relator challenged taxability based on IRC section 104(a)(2), which indicates that gross income does not include "the amount of any damages received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or sickness." The relator asserted that the
qui tam award--25% of a $2.5 million recovery he received--was due to the government's consideration of the personal injuries he sustained.
The Screening Benefits of
Qui Tam Actions under the FCA III.
Defendants will therefore face difficulties invalidating a partial assignment of a
qui tam claim to a litigation financier.
(42) As a result, fraud on the state by omission or by concealment can now be remedied through a
qui tam suit, regardless of whether the violator makes affirmative misrepresentations or records in the process of doing so.
(33) Although the DOJ does not publish data on the proportion of
qui tam cases in which it intervenes, (34) it does report the annual amounts recovered through
qui tam cases based on whether the government intervened.
Since
qui tam plaintiffs "step into the shoes" of the
But the court's opinion only whet litigants' appetite for other constitutional challenges to
qui tam. In concluding that a relator has Article III standing, Justice Antonin Scalia added in an enigmatic footnote, "we express no view on the question whether
qui tam suits violate Article II, in particular the Appointments Clause of [section] 2 and the 'Take Care' Clause of [section] 3."
Soon thereafter, he filed a
qui tam action alleging the company violated provisions of the False Claims Act, including knowingly presenting false claims for payment or approval, using false records material to a false claim and unlawfully terminating him for his efforts to stop the FCA violations.
David Grant filed a
qui tam lawsuit in 2015 alleging that United falsified repairs and reports on F117 U.S.
Plaintiff also asserted a
qui tam action under the FCA against prison officials.
