§ 46:439.4 — Recovery awarded to a qui tam plaintiff

Louisiana § 46:439.4

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§439.4. Recovery awarded to a qui tam plaintiff
A.(1) Except as provided by Subsection D of this Section and Paragraph (3) of this
Subsection, if the state proceeds in the action brought by a qui tam plaintiff, the qui tam
plaintiff shall receive at least fifteen percent, but not more than twenty-five percent, of
recovery.
(2) In making a determination of award to the qui tam plaintiff, the court shall
consider the extent to which the qui tam plaintiff substantially contributed to the prosecution
of the action.
(3) If the court finds the allegations in the qui tam action to be based primarily on
disclosures of specific information, other than information provided by the qui tam plaintiff,
relating to allegations or transactions in criminal, civil, or administrative hearings, or from
the news media, the court may award such sum it considers appropriate, but in no case may
the court award more than ten percent of the proceeds, considering the significance of the
information and the role of the person bringing the action in advancing the case to litigation.
Any payment to a person in accordance with this Subsection shall be made from the proceeds
recovered.
B. Except as provided by Subsection D of this Section, if the secretary or the attorney
general does not intervene in the qui tam action, the qui tam plaintiff shall receive an amount,
not less than twenty-five but not more than thirty percent of recovery, which the court
decides is reasonable for the qui tam plaintiff pursuing the action to judgment or settlement.
C.(1) In addition to all other recovery to which he is entitled and if he prevails in the
qui tam action through litigation or settlement, the qui tam plaintiff shall be entitled to an
award against the defendant for costs, expenses, fees, and attorney fees, subject to review by
the court using a reasonable, necessary, and proper standard of review.
(2) If the state does not intervene and the qui tam plaintiff conducts the action, the
court may award costs, expenses, fees, and attorney fees to a prevailing defendant if the court
finds that the claims of the qui tam plaintiff were clearly frivolous, clearly vexatious, or
primarily for the purposes of harassment.
D. Whether or not the secretary or the attorney general intervenes, if the court finds
that the action was brought by a person who planned and initiated the violation which is the
subject of the action, then the court may, to the extent the court considers appropriate, reduce
the share of the proceeds of the action which the qui tam plaintiff would otherwise receive
under Subsection A or B of this Section, taking into account the role the qui tam plaintiff
played in advancing the case to judgment or settlement and any relevant circumstances
pertaining to the qui tam plaintiff's participation in the violation.
E. When more than one party serves as a qui tam plaintiff, the share of recovery each
receives shall be determined by the court. In no case, however, shall the total award to
multiple qui tam plaintiffs be greater than the total award allowed to a single qui tam plaintiff
under Subsection A or B of this Section.
F. In no instance shall the state, including but not limited to any state department,
agency, or board, be liable for any costs, expenses, fees, or attorney fees incurred by the qui
tam plaintiff or for any award entered against the qui tam plaintiff.
G. The percentage of the share awarded to or settled for by the qui tam plaintiff shall
be determined using the total amount of the proceeds of the action or settlement of the claim.

Legislative History

Acts 1997, No. 1373, §1; Acts 2007, No. 14, §1, eff. June 18, 2007; Acts 2009, No. 426, §1; Acts 2011, No. 185, §1; Acts 2025, No. 206, §1.