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June 11, 2025
Court Grants Reargument/Reconsideration Of Dismissal Of Claim Under The New York State False Claims Act To Allow Liquidated Civil Penalties
On May 15, 2025, Justice Andrew Borrok granted a plaintiff’s motion for reargument/reconsideration of complete dismissal of its claim under the New York State False Claims Act (NYSFCA), holding that although the claim for actual damages was properly dismissed, the plaintiff could still pursue liability for civil penalties. In State of New York ex rel. Edelweiss Fund, LLC, v. JPMorgan Chase & Co., et al., Index No. 100559/2014, the Court had previously granted a motion to dismiss the NYSFCA claim based on the failure to show actual damages. However, the Court reversed its prior ruling for “overlook[ing] or misapprehend[ing]” that the NYSFCA also allowed plaintiffs to seek a liquidated civil penalty against a defendant. The Court explained: Read More
January 7, 2021
First Department Upholds False Claims Act Claims Related to the Issuance of VRDOs
On December 29, 2020, the First Department issued a decision in State of New York ex rel. Edelweiss … Read More
September 20, 2020
Relator Not Entitled to Share of Settlement Negotiated by Government When Relator's Qui Tam Claims Were Dismissed
On September 14, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
July 2, 2019
Qui Tam Claim Not Subject to Particularity Requirements of CPLR 3106
On June 20, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in S… Read More
July 9, 2018
State Qui Tam Action Dismissed Because Allegations Were Based on Public Information
On June 28, 2018, the First Department issued a decision in State of New York ex rel. Rasmusen v. Ci… Read More
