Chris S. Stewart

89 Texas L. Rev. See Also 169

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Mr. Stewart responds to the 2010 amendments to the False Claims Act (FCA) and identifies how these amendments equip potential relators “with the tools necessary to bring qui tam suits.”  In doing so, Stewart examines how perceived hurdles, including the heightened pleading standard of Rule 9(b) of the Federal Rules of Civil Procedure and the public disclosure bar, among other things, to qui tam suits are overstated.  Nonetheless, some hurdles remain, including those that defeat actions in which a relator does not uncover conduct apart from that which is detailed in the public domain.  Stewart concludes, “the overall effect of the recent amendments is what the drafters of the FCA have striven for over decades.  A new group of relators is now equipped to aid the Government in its pursuit of possible fraud with adequate hope of success and incentive to bring suit.”