On January 31, 2025, WLF asked the Supreme Court of Texas to put an end to abusive serial qui tam litigation. WLF’s amicus brief was prepared with the generous pro bono assistance of Allyson Ho, Bradley Hubbard, Benjamin Wilson, Jason Muehlhoff, and Catherine Frappier of Gibson, Dunn & Crutcher LLP. In its amicus brief supporting mandamus relief, WLF argued that if the government chooses to share its treble-damages claims with private qui tam relators, the government must also share the consequences—and that means holding the government to the same preclusion rules that apply to any litigant. Otherwise, qui tam relators could repeatedly sue, voluntarily dismiss, and never face preclusion. But litigation must end. Giving the government a get-out-of-preclusion-free card would encourage gamesmanship, prolong meritless litigation, and impose an enormous litigation tax on Texas businesses and consumers.
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