Claims For Retaliation Under The False Claims Act Give State Courts Concurrent Jurisdiction Over Actions.

A medical doctor was fired after he allegedly complained about billing practices that he believed to be fraud against Medicare and Medi-Cal. The trial court sustained the demurrer without leave to amend on the doctor’s cause of action under the False Claims Act [FCA; 31 U.S.C. § 3730(h)] for retaliation because of lack of subject matter jurisdiction. The appellate court granted the doctor’s writ of mandate, stating: “We now conclude that state courts have concurrent jurisdiction over False Claims Act retaliation claims.” (Driscoll v. Sup. Ct. (Todd Spencer) (Cal. App. Fifth Dist., January 30, 2014) 223 Cal.App.4th 630, [167 Cal.Rptr.3d 364].)