Qui Tam Actions May Avoid Arbitration.
Marc's article in the December 24, 2020 Daily Journal is entitled, "Qui tam actions can avoid arbitration in California." The article is prompted by an opinion authored by Justice Arthur Gilbert in State of California ex rel. Aetna Health of California, Inc. et al., B299025 (2nd Dist. Div. 6 12/21/20). The opinion held that a qui tam action involving the California Insurance Fraud Protection Act to combat insurance fraud, avoids a binding arbitration agreement. The reasoning is in line with a California Supreme Court opinion addressing arbitration and qui tam actions in the context of the California Private Attorney General Act of 2004, Iskanian v. CLS Transportation Los Angeles, LLC.
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