Q: How legal case is heard at Federal Court if qui tam FCA claim is added to original Emtala claim that was filed?
How legal case is heard at Federal Court if qui tam FCA claim is added to original Emtala claim that was already filed?
Can additional FCA claim be filed under seal?
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A:
When a qui tam False Claims Act (FCA) claim is added to an existing Emergency Medical Treatment and Labor Act (EMTALA) case in Federal Court, the process becomes more complex. The FCA claim, especially under qui tam provisions, involves allegations of fraud against the federal government. This addition introduces a new dimension to the case, often requiring additional investigations and legal considerations.
The qui tam aspect of the FCA claim typically requires the case to be filed under seal. This means the case is initially kept confidential, and it is not served on the defendant immediately. The government reviews the claim during this period to decide whether to intervene. The seal is meant to give the government time to investigate the allegations without alerting the defendant about the pending case.
Incorporating an FCA claim into an existing EMTALA lawsuit could significantly alter the legal strategy. It requires careful consideration of the specific facts and legal issues involved, as well as the procedural rules that govern such cases in federal court. It's advisable to thoroughly evaluate the implications of adding the FCA claim, considering the potential impact on the overall case strategy and the additional legal requirements it entails.
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