Legal Memorandum: Award of Attorney's Fees under FCA

Issue: Under federal law, is a relator entitled to recover attorney’s fees incurred in litigating a False Claims Act (FCA), or qui tam, claim?

The Ninth Circuit held “[w]e are well aware that awarding attorneys’ fees to prevailing parties . . . is a tedious business.” Moreno v. City of Sacramento, 534 F.3d 1106, 1116 (9^th Cir. 2008).  However, a prevailing party is statutorily entitled to all reasonable fees and expenses.  31 U.S.C. § 3730(d)(1).  It is the relator who is entitled to compensation for all the hours reasonably expended on the litigation—including the fee litigation.  Planned Parenthood v. AG, 297 F.3d 253, 268 (3^rd Cir. 2002). 

[…]