Key Points
- Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a significant portion of the government's recovery.
- These circuit splits include whether the government must consent to a dismissal, whether the government has essentially unfettered discretion to dismiss qui tam actions that do not advance the government's interest, whether relators have the same ability as the United States to toll the FCA statute of limitations beyond the FCA's six-year statute of limitations, and whether relators can intervene in an existing qui tam or the extent to which a qui tam can survive if it is filed while another qui tam action is pending based upon related facts.
- Courts should apply the FCA's plain language and effectuate its purpose by construing it to ensure the primacy of the United States over private individuals in determining what allegations advance the government's interest and to ensure that relators obtain only a portion of the government's funds when the relator actually contributes real value to the government.
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