Under Florida law, a settlement may not be enforced against an insurer where its insured did not negotiate in good faith, thus failing to adequately represent the interests of the party that would ultimately have to pay the settlement. The Eleventh Circuit, in an opinion published November 17, 2016, Sidman v. Travelers Casualty & Surety, 2016…
Month: November 2016
Secondhand Knowledge Held Insufficient to Qualify False Claims Act Relator as “Original Source”
In United States ex rel. Saldivar v. Fresenius Medical Care Holdings, Inc., 2016 WL 6595937 (11th Cir. Nov. 8, 2016), the Eleventh Circuit joined the Third, Seventh, Eighth, and Tenth Circuits holding that “secondhand” knowledge is insufficient to make someone an “original source” under the False Claims Act (FCA). The plaintiff alleged in a qui…