Does the Complaint Allege that Relator is the Original Source?
The complaint should allege that the relator is the original source of the information upon which the complaint is based. 31 U.S.C. ยง 3730(e)(4). While it is virtually impossible to get a complaint dismissed on this ground alone, you may be able to persuade the district court that some detailed facts need to be added to the complaint to satisfy this requirement. If the court accedes to your request, it will assist the shaping of discovery designed to support an eventual summary judgment motion contesting the relator’s jurisdictional standing. II.SOME STRATEGIC CONSIDERATIONS Careful analysis of the relator and developing an appropriate strategy at the outset will pay substantial dividends. It seems to me that two primary strategic choices are available. The first, which for lack of a more precise term can be designated as the “aggressive” approach, involves vigorous opposition from the outset, unleashing extensive motions to dismiss, frequently clashing with relator during discovery, a
