The Current Qui Tam Environment

There has been a shift in the fault patterns of qui tam litigation. More qui tam cases are being filed than ever before. The statistics demonstrate that the number has increased steadily over the last few years, with the largest number of qui tams ever filed in federal and state courts in 2010.1 This accelerated pace shows no signs of abating as the False Claims Act (FCA) is widely described as “the fastest growing area of federal litigation.”

Since Congress enacted the FCA’s comprehensive qui tam provisions in 1986, qui tam cases have accounted for over half of all FCA cases filed.2 Last year alone, more than 80% of FCA matters were initiated under the qui tam provisions.3 One reason behind this wellspring of new cases is that relators have capitalized on sweeping changes to the federal FCA,4 which make it easier for relators to initiate cases.