Category: Intervention

Court Examines Standard for Approval of Settlement of Qui Tam Over a Relator’s Objection

Betsy Sellers

The False Claims Act (FCA) allows plaintiffs/relators to bring qui tam actions, in which the government may then elect to intervene.  The FCA also provides that “[t]he Government may settle a [qui tam] action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the...

DOJ Intervenes In FCA Suit Against Subcontractor That Allegedly Failed to Comply With Specifications

Ben Kappelman

A recently unsealed False Claims Act case in Maine alleges a roof contractor knowingly failed to use materials that complied with the prime contracts for renovation of government buildings. According to the complaint filed by the United States in Emery v. Roof Systems of Maine Inc., 2:14-cv-00483-DBH (D. Me.), Roof Systems of Maine worked as a subcontractor at a National Guard installation at the former...

Eighth Circuit Vacates Relators’ FCA Settlement Recovery; Concludes that the FCA “Allows Relators to Recover a Percentage of the Proceeds of the Settlement of ‘the Claim’ Brought by the Relators, and Only That Claim”

Jeremy Schlosser

The U.S. Court of Appeals for the Eighth Circuit recently vacated an award of settlement proceeds to relators of several related qui tam actions because the district court failed to make factual findings as to whether the government’s settlement with one of the defendants was based on claims that factually overlapped with the claims brought by the relators. Rille v. PricewaterhouseCoopers LLP, et al., No....