BOOK

False Claims Act: Whistleblower Litigation, Sixth Edition, with 2016 Cumulative Supplement

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 80s.

MEET THE AUTHOR
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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 2016 Cumulative Supplement includes:

  • the U.S. Supreme Court's decision in Escobar, including discussion of the materiality standard to be used in False Claims Act cases, as well as the determination that the implied certification theory of liability is viable; plus, the granting of certiorari in United States ex rel. Rigsby v. State Farm Fire & Cas. Co.
  • a comprehensive set of jury instructions—an exclusive feature—along with special interrogatories and a sample verdict form for use in False Claims Act cases, covering issues such as scienter, claims under the seven FCA prongs, materiality, obligations, damages, joint and several liability, retaliation, and several State FCA provisions;
  • a new section providing analysis of the highest relator share awards over the last thirty years, including a chart detailing all thirty-percent relator share awards in which the United States obtained more than $100,000
  • the non-intervened case, Harman v. Trinity Industries, involving highway guardrails in Texas that resulted in a $663 million verdict, and also awarded a 30% relator share as well as $19 million in statutory attorney fees and costs
  • coverage of numerous notable Courts of Appeals decisions including the Ninth Circuit’s determination regarding Freddie Mac and Fannie Mae as instrumentalities of the federal government, the Sixth Circuit’s interpretation of “remuneration” and “induce” for purposes of the Anti-Kickback Act, the Third, Eighth, and Eleventh Circuit interpretations of the public disclosure “materially adds provision;”
  • the emerging trend of defendants attempting to avoid FCA liability by arguing they do not possess the requisite scienter;
  • an update on the success of the States in prosecuting fraud;
  • the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015 and its increase of FCA penalties; and more!

AUTHOR

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

James B. Helmer, Jr., is a Senior Partner and President of Helmer, Martins, Rice & Popham Co., L.P.A., in Cincinnati, Ohio. He has prosecuted qui tam cases longer than any attorney in America and has obtained several record recoveries. He has testified before several congressional committees concerning amending the False Claims Act and argued the Allison Engine qui tam case before the Supreme Court of the United States. Mr. Helmer has obtained several multimillion-dollar jury verdicts and has been trial counsel in more than 300 published legal decisions including more than 100 dealing with the False Claims Act.

 


CONTENTS

View full tables of contents and read the book’s preface or introduction.

REVIEWS

Read what others have to say about this Bloomberg BNA book.

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. 

Joseph E.B. White

Nolan & Auerbach., P.A., Former President and CEO, Taxpayers Against Fraud Education Fund and Editor, False Claims Act & Qui Tam Quarterly Review