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How To Write A Qui Tam Complaint: A Tutorial Series

Article #10: The Jurisdiction Law Section and The Venue Law Section Of The Qui Tam Complaint

Posted on Sunday, December 30, 2012, 02:32:19 PM Eastern Time USA by JOSEPH J. PAPPACODA, ESQ..




Every well plead Complaint must contain a court jurisdiction law section and should also contain a court venue law section.

The idea here is to address the issues of why you picked the specific court that you picked to file the Qui Tam Complaint, and why the court you picked has both jurisdiction over the claims made in your Qui Tam Complaint and why that specific court has proper venue to hear the case. False Claims Act cases must still comply with the Federal Rules Of Civil Procedure (Fed.R.Civ.P.), otherwise you may face a Motion To Dismiss challenging jurisdiction and/or venue at a later date. It's better to look at these issues in advance and to file your Qui Tam Complaint in the proper forum.

Your Jurisdiction Law Section and Venue Law Section may look something like this (paragraph numbers and section numbers should be tailored to your individual complaint):

IV. JURISDICTION

4. This action arises under 31 U.S.C. § 3729 related to false or fraudulent claims made against the United States Government. Pursuant to 31 USC § 3730, a private person may bring a civil action for a violation of § 3729 for the person and for the United States Government. This Court possesses subject matter jurisdiction to entertain this action under 28 U.S.C. §§ 1331 and 1345. The Court may exercise personal jurisdiction over the defendants pursuant to 31 U.S.C. § 3732 (a) because the defendants reside or transact business in this district.

V. VENUE

5. Venue is proper in this district under 31 U.S.C. § 3732 and 28 U.S.C. § 1391 (b) and (c) because at least one of the defendants resides or transacts business in this district, and because the claim arose there.

If you elect to file your Qui Tam Complaint in the Federal District where all your defendants either reside or transact business in relative to the allegations made in the Qui Tam Complaint you will rarely be challenged on either of these points.

You should read the Federal Code as listed above, and the Fed. R. Civ. P. on these issues to familiarize yourself with the rules of engagement involved with selecting a forum in which to file your Qui Tam Complaint.

For further information on the False Claims Act, or your specific Quitam case, please contact Attorney Joe Pappacoda directly at 954-560-2616, or use the link found at USFraudCases.com.

Copyright 2012 Law Offices Of Joseph J. Pappacoda, Fort Lauderdale, Florida 33301.


The blog material on this page is provided for reference only, and it is not to be construed as legal advice in any fashion. For more information, please see the written DISCLAIMER.

 

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