01 Mar Virginia: Federal False Claims Act – a Lawyer’s Dismissal
On March 1, 2011, United States District Court for the Eastern District of Virginia entered Judgment in favor of Mr. Waterman’s client. The special case is United States of America, ex rel., Joseph M. Russell v. Michael J. Gennari, Evonne Fei, and Nancy Lynne Russell, civil action no.4:09cv88 in the Newport News Division, which was set for 2-day trial during May 3-4, 2011.
Relator had filed a qui tam action, alleging fraud and conspiracy to defraud. But for the reasons set forth in its 11-page Memorandum Opinion, the federal court found that Relator failed to allege fraud and conspiracy sufficiently; that it thereby lacked jurisdiction over the special case; and that dismissal in Russell should be with prejudice without leave to amend, since Relator already had amended once with the benefit of counsel.
In Russell, Mr. Waterman made a rare appearance as counsel for a Defendant. His able co-counsel was a medical malpractice defense lawyer no less.