Day: November 20, 2009

Whoda’ thought it – Rooting out fraud and safeguarding taxpayers from illegal conduct are among the Justice Department

The Justice Department announced Thursday that it had secured nearly $2 billion from lawsuits filed under the False Claims Act’s qui tam provisions in the year ending Sept. 30. And it promised to do more. Tony West, assistant attorney general for the civil division, said in a statement, “Rooting out fraud and safeguarding taxpayers from illegal conduct are among the Justice Department’s highest priorities.”

Given the importance being placed on False Claims Act cases, a decision out of the 9th U.S. Circuit Court of Appeals (pdf) on Wednesday should take on greater significance, especially for parties that end up settling but don’t admit to any wrongdoing. (To us, that seems to be pretty much everybody.) The 9th Circuit ruled that the False Claims Act does not preclude a settling defendant from seeking recovery and bringing claims against a third party for its alleged violations. h/t CLS

Yoo hoo, down here Mr. West, we’re waiting for you to walk that talk and join the Rigsby qui tam.  Meanwhile, Law.com has more on the 9th Circuit decision. Continue reading “Whoda’ thought it – Rooting out fraud and safeguarding taxpayers from illegal conduct are among the Justice Department”

Magistrate Judge Walker – the Company man shows his hand in rush to trump Magistrate Judge Parker

As reported in Now, about that document State Farm produced for Judge Senter in Rigsby qui tam, Coast attorney Deborah Trotter of the Merlin Law Group is counsel for plaintiff’s in three similar cases currently before the Court, Judge Senter presiding.  Magistrate Judge Parker was assigned Lizana v State Farm and Magistrate Judge Walker the other two, Lebon v State Farm, and New Light Baptist Church v State Farm:

Defendant simultaneously filed three motions for protective order in response to Plaintiff’s Notices of 30(b)(6) Depositions, one of which was an expedited motion to quash and for protective order, for which the Lebon Court ordered Plaintiff on November 9, 2009, to Respond by 9:00am on November 10, 2009, during Hurricane Ida Warnings. As all three motions filed simultaneously by Defendant were similar in substance, context and argument, with the exception of the additional motion to quash in the Lebon case, Plaintiff’s counsel determined that in the interest of judicial economy and consistency that all should be responded to simultaneously and in combination. (Plaintiff’s Amended Response, Lizana)

Plaintiffs’ notices were filed simultaneously but State Farm’s motions were cleverly staggered:

  • October 30: Lizana, Lebon and New Light Baptist Church plaintiffs each file Notice of 30(b)(6) IT Video Deposition and Issuance of Deposition Subpoena Duces Tecum
  • November 6: Lebon v State Farm: Motion to Expedite, Motion to Quash Plaintiff’s Notice of 30(b)(6) IT Video Deposition and Issuance of Deposition Subpoena Duces Tecum think and Motion for Protective Order by State Farm
  • November 9:  New Light Baptist Church v State Farm: MOTION for Protective Order Regarding Plaintiff’s Notice of 30(b)(6) IT Video Deposition and Issuance of Deposition Subpoena Duces Tecum by State Farm
  • November 11: Lizana v State Farm: MOTION for Protective Order Regarding Plaintiff’s Notice of 30(b)(6) IT Video Deposition and Issuance of Deposition Subpoena Duces Tecum by State Farm

Cleverly staggered – and cleverly planned to produce the following result: Continue reading “Magistrate Judge Walker – the Company man shows his hand in rush to trump Magistrate Judge Parker”