February 5, 2016

05 February 2016

Fourth Circuit Affirms Dismissal Under Public Disclosure Bar Where Relators’ Counsel Had Previously Represented Another Relator Whose Identical Qui Tam Claims Were Dismissed

Suppose you’re a relator who files a qui tam case against your former employer only to see your case dismissed on the grounds that you released the claims as part of accepting a severance package from your employer.  Can your wife or another former employee who didn’t sign the release subsequently retain the lawyer who represented you in your qui tam case and file her own lawsuit making identical claims against your former employer?  Not in the Fourth Circuit, as a result of a January 29, 2016 panel decision in U.S. ex rel. May v. Purdue Pharma L.P., No. 14-2299.