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False Claims Act: Whistleblower Litigation, Sixth Edition
by:James B. Helmer, Jr.
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. The Act turns 150 years old in 2013, but years of judicial interpretations have greatly complicated the process of bringing a case under the Act....
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. The Act turns 150 years old in 2013, but years of judicial interpretations have greatly complicated the process of bringing a case under the Act. Amendments in 2009 and 2010 helped simplify this process, but many nuances and hurdles remain. Written by the trial lawyer called to testify before Congress on ways to modernize, update, and streamline the Act in the 1980s, and again in 2008, False Claims Act: Whistleblower Litigation, Sixth Edition provides expert guidance and analysis of the Act and the many different legislative developments and judicial opinions surrounding it. Previously published by Top Gun Publishing LLC (Cincinnati, OH), this treatise offers insightful and authoritative experience on the subject from the most experienced False Claims Act lawyer in the country. 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 relators, non-settling defendants, and the government State and municipal False Claim Act statutes Since publication of the Fifth Edition in 2007, Congress has amended the False Claims Act three times and the courts have issued more than 2,000 opinions related to the Act. These amendments are fully examined and explained in the Sixth Edition, as are the sometimes conflicting court opinions that have resulted in procedural minefields and other obstacles to liability. The treatise covers all aspects of litigation in this complex area, and is the most comprehensive and recent book on the subject. The Sixth Edition 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 Acts that have been enacted 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. False Claims Act: Whistleblower Litigation, Sixth Edition provides samples of: Motions in Limine used in recent cases HIPAA and PHSA complaint protective orders United States Bankruptcy Court Proof of Claim and Application of Trustee to Employ Special Counsel Attorneys fees and costs application, declaration of counsel, and affidavit in support of an expert Jury Instructions, Special Interrogatories, and Verdict Form In 2012 the False Claims Act returned more than $9 billion in stolen taxpayer money. As long as they are properly prepared, litigators will have many opportunities to recover lost taxpayer dollars. This treatise offers a clear understanding of the Act, providing a strong vantage point for bringing a False Claims Act case and for anticipating legal and tactical challenges.
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