taproot – digging out the fact of Branch qui tam UPDATED

Taproots develop from the radicle of the seed, which forms the primary root. It produces branches called the secondary roots, and they in turn produce branches to form tertiary roots…very difficult to uproot – the plant itself gives way, but the root stays in the ground and may sprout again.

Who better than Judge Sarah Vance to do the digging and get to the fact of the Branch Consultants qui tam claim? None that I can think of considering the depth of research evident in the Order that Sop reported in Judge Sarah Vance Educates Insurers about Federal Court Jurisdiction in False Claims Act Cases – A Branch Qui Tam Update.

However, shortly after Judge Vance’s well-reasoned 69-page Order was issued, the Defendants filed for certification of an Interlocutory Appeal to the Fifth Circuit:

Relying on pre-Rockwell out-of-circuit decisions, this Court has reached a different conclusion, finding that Branch’s investigation of a publicly disclosed fraud provides direct and independent knowledge such that Branch is an “original source” whose allegations provide this Court subject matter jurisdiction. It is this question Defendants seek to have certified for interlocutory appeal: whether a “sleuth” like Branch, without first-hand involvement in an alleged fraud, can qualify as an “original source” by providing additional examples of a publicly disclosed, alleged fraudulent scheme.

Naturally, the Branch Consultants responded in Opposition:

…whether a particular case was decided pre-Rockwell or post-Rockwell misses the point. Instead, the relevant question is whether Rockwell overruled any of the legal points on which the Court based its decision. It did not, and Defendants do not argue otherwise. Continue reading “taproot – digging out the fact of Branch qui tam UPDATED”

Policyholder rights – a movement in our midst

I doubt there will be a comparable day of national day of celebration – or even a date that would have related significance – but I do believe there will come a time when policyholders are treated fairly without a post-event legal battle – and, in that regard, we in Mississippi, once again, have a movement in our midst.

Like all movements, this fight for policyholder rights has had its defining moments, its heroes and its victims – many  unrecognized and even more to come, no doubt, before victory is won.

One of those unrecognized moments may prove to be the recent Louisiana court decision reported by Rebecca Mowbray: Appeals court finds that it was legal for homeowner to file suit after deadline.

A state appeals court opinion issued Jan. 7 says that it was legal for New Orleans homeowner Brenda Pitts to have filed a lawsuit against Louisiana Citizens Property Insurance Corp. months after the deadline for initiating litigation because a class action lawsuit had stopped the clock from running out. Continue reading “Policyholder rights – a movement in our midst”