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

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

2 Pages Posted: 7 Nov 2012  

Thaddeus Mason Pope

Mitchell Hamline School of Law; Queensland University of Technology - Australian Health Law Research Center; Saint Georges University; Alden March Bioethics Institute

Date Written: January 1, 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.

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

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: https://ssrn.com/abstract=2171009

Thaddeus Mason Pope (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Avenue
Room 320
Saint Paul, MN 55105
United States
651-695-7661 (Phone)

HOME PAGE: http://www.thaddeuspope.com

Queensland University of Technology - Australian Health Law Research Center ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Saint Georges University ( email )

West Indies
Grenada

HOME PAGE: http://www.thaddeuspope.com

Alden March Bioethics Institute ( email )

47 New Scotland Ave
MC 153
Albany, NY 12208
United States

HOME PAGE: http://www.thaddeuspope.com

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