Where a defendant in a Massachusetts False Claims Act proceeding has moved to compel production of confidential communications, that motion should be denied because the FCA creates an implied attorney-client relationship between counsel for a qui tam relator and any public entity that the relator is representing.
“Thomas Minarik and James Cicerone worked for years as concrete delivery drivers for Tresca Brothers Concrete, Sand and Gravel, Inc. They brought this qui tam action as ‘relators’ under the Massachusetts False Claims Act (‘FCA’), G.L.c. 12, §§5A-5O, and now assert claims on behalf of the Commonwealth of Massachusetts, thirty-three Massachusetts cities and towns, and the Massachusetts Water Resources Authority. The plaintiffs contend that Tresca deliberately made false claims seeking payment from the government, either directly or through contractors, without revealing that it delivered subpar concrete and did not pay the prevailing wage.
“The Attorney General declined to intervene in and take control of this case. The plaintiffs therefore ‘have the right to conduct the action’ on behalf of the public entities that Tresca allegedly defrauded. …
“Tresca has moved to compel production of confidential communications between plaintiffs’ counsel and many of the municipalities that they represent in this action. The Court concludes that those communications are protected by the attorney-client privilege. The Town of Brookline waived the attorney-client...
NEW YORK, April 27, 2026 (GLOBE NEWSWIRE) -- Levi & Korsinsky, LLP alerts investors in ImmunityBio, Inc. (NASDAQ: IBRX) of a pending securities class action naming a senior executive as an ind...