Mass. Judge Doubts FCA Suit Survives With Only Public Info

Law360, Boston (June 12, 2019, 8:49 PM EDT) -- A state judge in Boston's Business Litigation Session on Wednesday grilled an attorney bringing a whistleblower lawsuit that alleges $100 million in fraudulent charges by multiple banks, saying he was not sure the case could survive if only public information were used to draft the complaint.

Judge Mitchell H. Kaplan allowed the plaintiffs to amend their suit earlier this year so that the relator could be an individual, rather than a company, in light of a ruling last year by Massachusetts' highest state court. But the judge said Wednesday that because the individual, Johan Rosenberg, was not an insider at the banks and relied...

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