Season 8 - Episode 8 - The Complex World of Qui Tam Cases - Dismissal Dynamics: With and Without Prejudice

The Compliance Guy

Summary

Eric Rubenstein and Ron Chapman join The Compliance Guy to discuss the implications of a recent dismissal of a False Claims Act case based on the appointment clause.

The guys explore the historical context of key tam cases, the role of relators, and the complexities surrounding the appointment clause. The conversation delves into the differences between dismissals with and without prejudice, the potential for Supreme Court involvement, and the impact of venue shopping on key tam cases.

The episode concludes with a discussion on judicial appointments and their political implications.

Takeaways

• Qui Tams are a significant part of healthcare fraud enforcement.
• The appointment clause raises questions about the authority of relators.
• Dismissals with prejudice are nearly final and limit future actions.
• The Supreme Court may be interested in conflicting rulings on key tam cases.
• Venue shopping can dilute the strength of a case.
• Judges may make decisions that align with their career interests.
• The appointment of special counsels has constitutional implications.
• Relators can receive a larger share if the government does not intervene.
• Resource limitations often lead to the government declining key tam cases.
• Judicial decisions can reflect broader political agendas.

00:00 Introduction to Key Tam Cases and the Appointment Clause

07:03 Exploring the Appointment Clause and Its Implications

14:03 Dismissal with Prejudice vs. Without Prejudice

16:19 The Future of Key Tam Cases in the Supreme Court

24:13 The Impact of Venue Shopping on Key Tam Cases

30:29 Judicial Appointments and Political Implications