The False Claims Act encourages individuals with knowledge of fraud against the Government to file a court action seeking damages for the fraud. It does this by promising a bounty. The relator receives a percentage of the amount recovered in a false claims case. But there is a constant tension between encouraging plaintiffs to bring cases alleging fraud and protecting defendants from frivolous cases. The January 11, 2011 decision in United States ex rel. Folliard v. Hewlett-Packard Co. illustrates how the requirement that a plaintiff include all of the details of an alleged fraud in the initial complaint helps strike this balance.
Continue Reading Hewlett-Packard and the need for “particularity” in qui tam cases