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· 9/23/1988

In re Ginsburg

Citations

  • 236 Va. 165
  • 372 S.E.2d 387
  • 5 Va. Law Rep. 598
  • 1988 Va. LEXIS 104

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that claims based on remedial statutes survive death where the forum state’s law permits recovery for wrongful death
  • “The qui tam provisions are remedial and in no way act to penalize the FCA defendant.”
  • “In the absence of an expression of contrary intent, the survival of a federal cause of action is a question of federal common law.”
  • “In the absence of an expression of contrary intent, the survival of a federal cause of action is a question of federal common law.”
  • “The defendant’s payment under the FCA remains the same regardless of whether the relator decides to file a qui tam action. The relator’s recovery is merely a portion of the government’s recovery.”
  • “The FCA’s qui tam provisions do not act as a penalty; rather, they provide incentive to government ‘whistleblowers’ and compensate such individuals for their time and trouble.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Russell

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.