Partners Eric Adams and Mark Rankin Discuss "Who's the Boss?" in a Qui Tam Action


According to partners Eric Adams and Mark Rankin, a recent Florida appellate court upheld a lower court's ruling that an Attorney General has the authority to dismiss a pending qui tam action even if they had previously declined to intervene.

Qui tam comes from a Latin phrase that translates to "who as well for the king as for himself sues in this matter." In this case of first impression, Zoltan Barati filed suit under the Florida False Claims Act (FCA), which the Attorney General later filed a voluntary dismissal of the action. The FCA allows an individual or the State to sue a person or company who files a false claim to the State for payment.

The case is an important development in recent case law as it establishes "significant power" to the Attorney General in dismissing qui tam actions. To read the full discussion on the case and the appellate court's rationale, download the case update here.

Shutts & Bowen attorneys have extensive hands-on experience and expertise in matters arising under the False Claims Act (FCA) and similar statutes in a number of industries, with particular focus on health care and government contracts. Our trial-ready litigators include former federal government counsel and regulatory lawyers with expertise in defending FCA cases and investigations, including qui tam claims, brought against companies, directors and officers. We have handled civil and criminal false claims investigations and cases at the federal and state levels. At Shutts, we form an effective team of lawyers with substantive expertise in our clients' industries and FCA experience to develop a customized strategic and tactical approach to each case.

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Shutts & Bowen, established in 1910, is a full-service business law firm with approximately 270 lawyers located in eight offices across Florida.

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