I wanted to bring a recent U.S. Supreme Court decision to your attention. Anyone concerned with whistleblower law or the False Claims Act or really any other area of law should take note of the U.S. Supreme Court’s 5 to 4 decision in Franchise Tax Board of California v. Hyatt. The case’s facts are unlikely to be of interest to most people and deal with the question of whether a private party can sue a state in another state’s court. While that question may be of interest to attorneys and legal scholars, the way the Court answered that question should be of interest to anyone dealing with legal issues. The Hyatt case is critical because the Court’s answer to that question—no, a state cannot be sued by a private party in another state’s courts—overturns another U.S. Supreme Court decision, Nevada v. Hall, from 1979. This somewhat obscure case has received quite a bit of attention because liberals view it as laying the groundwork for an attempted reversal of Roe v. Wade, but it could have broad effects beyond that abortion decision to all U.S. Supreme Court cases.
Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation. Contact Barrett Law now at (800) 707-9577 to attain the advice you need.
Stare Decisis
Typically, the doctrine of stare decisis dictates that courts follow their own rulings and rulings of higher courts on similar issues. Stare decisis literally means “stand by things decided.” Stare decisis creates a precedent, which allows attorneys to guide clients through a decision by looking at similar cases that a court decided. When a court chooses not to follow stare decisis, it creates tremendous uncertainty, as parties are no longer able to reasonably determine what a court will do given similar facts and law cases it has previously decided. This is particularly unusual behavior for the U.S. Supreme Court, which has only overturned its own rulings 140 times in over two hundred years of cases. Writing for the majority, Justice Clarence Thomas wrote that “stare decisis does not compel continued adherence to this erroneous precedent.” In essence, if a court finds that a previous ruling was wrong, it can overturn the decision.
In his dissent, Justice Breyer summed up the situation well. He wrote, “to overrule a sound decision like Hall is to encourage litigants to seek to overrule other cases; it is to make it more difficult for lawyers to refrain from challenging settled law; and it is to cause the public to become increasingly uncertain about which cases the court will overrule and which cases are here to stay.” The ripple effect of the Hyatt decision will likely be that other courts will find themselves less bound to stare decisis, and more attorneys will be encouraged to try to change established case law.
This leaves litigants in other cases less sure of their positions, a situation that will likely lead to more settlements. I say this because when a court’s position on an issue becomes less certain, or when a litigant becomes less willing to make a bad precedent for himself or his injury, the surety of settlement becomes more attractive.
What Should You Do if You are Considering Making a Whistleblower Claim?
It’s unclear how Hyatt will affect whistleblower cases. The False Claims Act is a Civil War-era law, yet it has received significant criticism from conservatives, including current U.S. Attorney General William Barr. If you are considering filing a False Claims Act case, you will need to speak to an attorney with significant experience in this area of the law. The U.S. Department of Justice receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.
Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.
