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Ideas for narrowing qui tam

Congress seems if anything more interested in expanding the bounty-hunting law and its liability for federal contractors, but should it reverse direction at some point, Todd Canni (McKenna Long & Aldridge) has some ideas in this new paper for WLF (via Heritage Insider):

Private plaintiffs' enforcement of the federal False Claims Act through qui tam actions have proliferated significantly over the past two decades. While such lawsuits have their merits, because of the relaxed pleading standards, a large number of such cases are dismissed or, even if successful, are overturned on appeal. Speculative qui tam suits impose damage on government contractors and the contracting process. In order to reduce the number of baseless suits and the cost of defending against them, the False Claims Act should require that qui tam plaintiffs demonstrate that they had actual, proven knowledge of a fraud committed against the government, and that such allegations are detailed with particularity in the plaintiff's complaint.

On the same general topic, on Apr. 18, the Federalist Society is holding a lunchtime panel discussion in Washington, D.C. to discuss proposed Congressional expansion of the False Claims Act. Panelists include Jonathan Diesenhaus (Hogan & Hartson), Andrew Grosso (Andrew Grosso & Associates), Marcia Madsen (Mayer Brown), Shelley Slade (Vogel, Slade & Goldstein), and moderator R. Christopher Cook (Jones Day).

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.