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This treatise provides guidance and analysis of the False Claims Act and the legislative developments and judicial opinions surrounding it. It offers insightful and authoritative experience on the subject from the trial lawyer called to testify before Congress on ways to modernize, update and streamline the Act in the 1980s.
Effectively litigate qui tam cases with this definitive guide
The False Claims Act is one of the most litigated pieces of legislation ever enacted by Congress, with more than 8,000 claims filed under the Act since 1986 and $30 billion in taxpayer funds recovered, including $9 billion in 2012. Amendments in 2009 and 2010 helped simplify this process of bringing a case under the Act, but many nuances and hurdles remain. False Claims Act: Whistleblower Litigation, Sixth Edition provides guidance and analysis of the Act and the legislative developments and judicial opinions surrounding it. This treatise offers insightful and authoritative experience on the subject from the trial lawyer called to testify before Congress on ways to modernize, update and streamline the Act in the 80s.
In False Claims Act: Whistleblower Litigation, Sixth Edition, practitioners will find discussion of pharmaceutical company liability; circuit-by-circuit analysis of Civil Rule 9(b) to False Claims Act complaints; bankruptcy proceedings; statute of limitations for whistleblower employment protections; identifying alternate proceedings; disclosure of defendants’ fee information; settlement challenges by relator, non-settling defendants, and the government; and state and municipal false claim statutes.
Since 2007, Congress has amended the False Claims Act three times and courts have issued more than 2,000 opinions related to the Act. These amendments are fully examined and explained in the Sixth Edition. The treatise covers all aspects of litigation in this complex area. The treatise also includes a chapter that details all U.S. Supreme Court opinions related to the Act and their significance; a chapter on the numerous state false claims statutes that have been enacted; and a comprehensive collection of appendices on a searchable CD-ROM, providing more than 40 letters, complaints, statements, interrogatories, requests, motions, and affidavits.
With the Sixth Edition, practitioners have all the model forms and procedures needed to effectively litigate qui tam cases. The treatise also includes a table of cases and all versions of this unusual and remarkable statute and its legislative history, providing a quick reference for both plaintiff and defense attorneys analyzing the unique qui tam litigation allowed by the Act.
The 2014 Cumulative Supplement includes discussion of:
This unique practice area is fraught with judicial pitfalls and circuit splits, challenging the most circumspect practitioner. However, with the assistance of Helmer’s treatise, potential stumbling blocks become stepping stones, providing a vantage point for anticipating legal and tactical challenges.
Nolan & Auerbach., P.A., Former President and CEO, Taxpayers Against Fraud Education Fund and Editor, False Claims Act & Qui Tam Quarterly Review
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