Abstract

http://ssrn.com/abstract=2171009
 


 



The Government's Duty to Preserve in False Claims Act Litigation


Thaddeus Mason Pope


Hamline University - School of Law; Australian Health Law Research Center, QUT

January 1, 2012

American Health Lawyers Association (AHLA) Healthcare Liability and Litigation Practice (HCLL) Health Briefs e-Newsletter, October 2012

Abstract:     
Must the government preserve electronically stored information (ESI) during the time it considers intervening in a False Claims Act case? Until recently, this issue has remained unresolved. But at the end of August, the U.S. District Court for the District of New Mexico ruled that the government does indeed have a pre-intervention obligation to preserve ESI. In United States ex rel. Baker v. Community Health Systems, Inc., the court imposed spoliation sanctions on the government because its litigation holds were both untimely and inadequate. This article, prepared for an AHLA newsletter, is a brief summary of the holding and implications of this significant case.

Number of Pages in PDF File: 2

Keywords: electronically stored information, ESI, False Claims Act, Baker v. Community Health Systems, spoliation sanction, AHLA, discovery, litigation hold, healthcare fraud

JEL Classification: K32, L86


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Date posted: November 7, 2012  

Suggested Citation

Pope, Thaddeus Mason, The Government's Duty to Preserve in False Claims Act Litigation (January 1, 2012). American Health Lawyers Association (AHLA) Healthcare Liability and Litigation Practice (HCLL) Health Briefs e-Newsletter, October 2012. Available at SSRN: http://ssrn.com/abstract=2171009

Contact Information

Thaddeus Mason Pope (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
651-523-2519 (Phone)
901-202-7549 (Fax)
HOME PAGE: www.thaddeuspope.com
Australian Health Law Research Center, QUT ( email )
GPO Box 2434
Brisbane, Queensland 4000
Australia
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