Thursday, August 11, 2011

Unsuccessful Qui Tam Plaintiff Asserting False Marking Claim Not Immune From Costs Award

Following the court's dismissal of plaintiff's qui tam false marking action, the court granted in part defendant's motion for costs. "[Plaintiff] argues it should not have to pay any costs because it was acting in the public interest by bringing the lawsuit as a qui tam relator to help the United States enforce the false marking statute; and if anything, it should only be required to pay half of any allowable costs. However, [plaintiff] did not provide -- and the Court cannot find -- any precedent holding that qui tam relators are immune from costs."

Promote Innovation LLC v Roche Diagnostics Corporation
, 1-10-cv-00964 (INSD August 9, 2011, Order) (Pratt, J.)

No comments: