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Simpson Thacher Wins Dismissal Of False Claims Act “Whistleblower” Suit

01.30.15
A former insurance adjuster purporting to be a whistleblower brought a False Claims Act suit against insurers and adjusters in Houston, Texas. He alleged, on behalf of the United States, that the insurance industry engaged in “wind/water fraud” against the National Flood Insurance Program by inflating the cost of repairing flood damage for homes destroyed by major storms. On January 29, 2015, U.S. District Judge Lee H. Rosenthal dismissed the suit with prejudice, finding the statutory public disclosure bar applies. Representing Fidelity National and Louisiana Farm Bureau, Bryce L. Friedman argued the motion for all defendants. Chris Hultman and Joshua Neiman prepared the prevailing briefs.