Evidentiary disclosure is Michael Oher protecting the Rigsby qui tam.
Nonetheless, State Farm, Forensics, and Haag each recently took a shot – a strategic play intended to force Judge Senter to reveal his game plan.
On its face, Judge Senter’s focus on the McIntosh claim seems too narrow. In the context of evidentiary disclosure in qui tam litigation, however, it takes on a different look – one that makes evidence such as the McIntosh claim secondary to the scheme of the fraud. A Fifth Circuit decision explains:
We hold that to plead with particularity the circumstances constituting fraud for a False Claims Act § 3729(a)(1) claim, a relator’s complaint, if it cannot allege the details of an actually submitted false claim, may nevertheless survive by alleging particular details of a scheme to submit false claims paired with reliable indicia that lead to a strong inference that claims were actually submitted.
The “reliable indicia” include those contained in the Complaint as well as the those in the Disclosure Statement. Continue reading “Evideniary disclosure is Michael Oher of Rigsby qui tam”