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?
| Area of Law: | Litigation & Procedure, Personal Injury & Negligence |
| Keywords: | Attorney fees; False Claims Act (FCA); Relator |
| Jurisdiction: | Federal |
| Cited Cases: | None |
| Cited Statutes: | 31 U.S.C. § 3730(d)(1) |
| Date: | 09/01/2014 |
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 (9th 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 (3rd Cir. 2002).
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