The False Claims Act allows an individual to file a lawsuit on behalf of the government, against another individual or company who has defrauded the government. This type of lawsuit is called a qui tam action. If the person bringing the lawsuit wins, he or she may be entitled to receive up to 30% of the recovery. Additionally, the False Claims Act protects whistleblowers from retaliation of their employers. For example, an employer cannot fire an employee because of a lawful act the employee engaged in to prevent the government from being defrauded.
On July 27, 2017, New York’s Federal appellate court decided a case which discusses a qui tam action and the retaliation provision of the False Claims Act.
The first issue in Fabula v. American Medical Response, Inc., was whether the plaintiff’s complaint satisfied the particularity standard.