Q: Please interpret 31 u.s.c. 3730 (b) in regard to plaintiff/reletant in pro per.
California vs Federal?
A:
Under 31 U.S.C. 3730(b), a person, commonly known as a relator, has the right to file a lawsuit on behalf of the United States government in cases of fraud against the government. This is known as a qui tam action, and the relator can be any individual, including those without an attorney, referred to as "pro se" or "in pro per."
When a relator pursues a case pro se, it's important to remember that while they have the right to bring the action, there are complexities and procedural requirements that typically require legal expertise. Filing and litigating a qui tam action under the False Claims Act (which includes 31 U.S.C. 3730) involves navigating federal procedural and substantive law.
Regarding the interplay between California and federal law in this context, it's key to note that while a qui tam lawsuit is filed under federal law, it can include claims related to state law if the fraud involves state funds. However, the primary legal framework and procedures will be governed by federal law, as the False Claims Act is a federal statute.
It's advisable for anyone considering a pro se qui tam action to at least consult with an attorney experienced in this area of law. The complexities of these cases can be significant, and the expertise of an attorney can be crucial in effectively presenting a case and navigating the legal system.
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