Co., 523 P.2d 979 (Colo. 1974). 89101, 520-394-4733 District Attorney of N.Y. County v. The Republic of The Philippines, No. The party raising the affirmative defense has the burden of proof on establishing that it applies. v. Acuff-Rose Music, Inc., 510 U.S. 569, 590 (1994). The information it not intended to be used by anyone other than a licensed Arizona attorney familiar with Arizona personal injury law. All defendants having a possible interest in the subject matter of the case are called claimants. The common law procedure became obsolete over time and fell into disuse, but it remained active in the courts of equity. In New York, interpleader is governed by CPLR 1006. The information contained in the forms on this website cannot and must be relied on for the purposes of filing legal documents or otherwise pursuing a claim. 14 Civ. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: . The court concluded that there had been no action or inaction on the part of the plaintiff that could be interpreted to be a recognition of the fact that the defendants intended to claim attorneys' fees or a waiver of objection to their failure to plead such a claim. The stakeholder may be required to deposit the stake with the court and must notify the claimants that they can assert their ownership claims in court for determination. 1995)). The Trust refused to comply. 4. the Stacy Foundation in the Funds that are subject of this action. ;";(JCnMPu#(BHnY4&"(JQIA4yN ze^^3s>kyNt5-c*a9=EyhY;@-C$W2qHAUQbegk87l7e5+LJ3'sU "n[.r+mrk'V'f(d0lOGIc#yGrmv&A;V~cM+J,QYiE&BC" /JIwv1^H{4j$MB. Charles B. Jimerson 1332(a) or (c), and the value of the property in controversy must be at least $500. 2005) In Ellison v. Riddle, 166 So.2d 840 (Fla. 2nd DCA 1964), the appellate court defined entitlement to fees and costs as follows: in order to be entitled to such an award the plaintiff must prove his total disinterest in the stake he holds other than that of bringing it into court so that conflicting claims thereto can be judicially determinedthe plaintiff must also show he did nothing to cause the conflicting claims. If the escrow agent delays filing the interpleader and is sued by one of the claimants, the right to attorneys fees and costs from the interpleaded funds may be lost. Rule 22.01 provides for interpleader of persons having claims against the plaintiff and specifies that it also is available to a defendant by way of cross-claim or counterclaim. affirmative defense. Novation. 4. The insurance company is ready, willing, and able to pay the policy proceeds in specified percentages to named beneficiaries as last directed by the policyholder, but becomes aware of a dispute among them and/or third parties as to who are the proper beneficiaries or the proper distribution of proceeds among the beneficiaries. Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. 4 pages) 8 Tex. A designation of the pleading being submitted. , 408 P.2d 970 (Colo. 1965). TWENTY-THIRD AFFIRMATIVE DEFENSE (Actions of Others) 158. COMES NOW, Defendants___________________. What is an Interpleader Action? << /Length 5 0 R /Filter /FlateDecode >> 16]. Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. Additionally, where the factual allegations necessary to plead an affirmative defense are not set forth, the defense may be dismissed pursuant to Rule 12(b), which is normally styled as a "motion to strike.". SEE ALSO: Default Motions and Judgments (Research Guide) DEFINITIONS: "The defendant in the answer shall specially deny such allegations of the complaint as the defendant who intends to The stakeholder must have incurred no independent liability to any claimant, i.e. (1) By a Plaintiff. Regardless of how they are styled, the vast majority of these defenses will not apply in any given case, review of the complete list may be an especially helpful tool in brainstorming at the outset of a case. List your defenses. Nancy obtained the Policy from Transamerica Life Insurance Company (Transamerica) in October 2006. An interpleader action is a lawsuit that is filed in county or circuit court in the jurisdiction where the escrowed funds are located. Admitted. 1335, 1397, and 2361. the provisions of Rule 85.5 impose no time limit by which the application under that Rule must be made by the creditor or other party claiming an interest. If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. The person or entity that holds the money or property under dispute can file for an interpleader to allow a court to decide which claimant is the rightful owner. with performance of an attorney's fee contract by causing the attorney's fees to be withheld until conclusion of an interpleader action brought by defendant. The broker is the Plaintiff in the suit and names both the buyer and seller as Defendants. As an eleventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that at all times material herein, Plaintiff failed and neglected to mitigate his damages so as to reduce and/or diminish his claim. Affirmative Defense - The introduction of evidence into a trial that might cancel out the defendant's legal responsibility for the alleged act. The most important distinction involves the requirements for subject matter jurisdiction. This is part of Vail Law's. 1994). However, it is error for a trial court to permit a defense over an objection when first presented at trial. 16, 2018) (here). Therefore, under New York law, the interpleader remedy is available only to a stakeholder. The defendant in a declaratory suit can seek affirmative relief and sue on the basis of any cause of action that may be appropriate in a [1], Suppose a person dies with a valid life insurance policy in effect. Contributory negligence. . While the foregoing proceedings were taking place, Transamerica received competing claims to the Policy proceeds. DEFENDANT IVETTE MONROIG'S ANSWER TO INTERPLEADER COMPLAINT Defendant Ivette Monroig, by and through her undersigned attorneys, hereby files the following Answer and Affirmative Defenses/Claims in response to Plaintiff's Interpleader Complaint: 1. See, e.g. 85621, 520-477-7777 In other pleadings, however, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Defendant is informed and believes and, based thereon, alleges that Plaintiff has engaged in conduct and actions to constitute a novation concerning the obligations, conduct, or acts at issue in the Complaint, barring recovery from Defendant. This is part of Vail Law's Litigation Checklist. In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder. 931 approved June 25, 1948, it was reconstituted as 28U.S.C. The court in the South Dakota Action ultimately found that Plaintiffs were entitled to the Policy proceeds. 2 0 obj (S.C. R. Civ. How a lawyer could help your business avoid a major ADA lawsuit, How being proactive about ADA compliance can protect companies. CA Civ Pro Code 386 (2017) (a) A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for such property, upon notice to such . Proc., 431.30 (b).) Conversely, a negating defense involves attacking one or more elements of the prosecutor's or plaintiff's case. Rule interpleader provides a remedy for any person who is, or may be exposed to double or multiple liabilities. If provider does not attend all hearings, they may not receive any monies, Ensure bill has been sent to patients of motor vehicle accidents and work-related accidents. 16. 13. The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. Both the buyer and seller are making conflicting claims to the binder. 2. The second stage is like an action at law to determine which of the claimants is entitled to the res. In an interpleader action, a party who knows two or more other parties are making a claim on some asset controlled by the party can ask the court to decide who has what rights to the asset, deposit the asset into the custody of the court or a third party and remove itself from the litigation. WHEREFORE, these answering Defendants prays for judgment as follows: 1. Accordingly, while pleadings may be amended to add additional affirmative defenses, it is essential that all defenses to be raised at trial are pleaded before trial (ideally, at least a week prior to the deadline to serve written discovery in a case). For such other and further relief as the Court may deem just and proper. A well stated affirmative defense - even if its a little bit of a reach - can intimidate a plaintiff, and possibly help persuade him or her to settle. There are specific differences between Statutory Interpleader, and Rule Interpleader: In bankruptcy court interpleader under Federal Rules of Civil Procedure 22 may be maintained as an adversary proceeding under Federal Rules of Bankruptcy Procedure 7022. 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. Interpleader had its origins as a civil procedure at common law, which was later adopted and expanded by the Court of Chancery in its equitable jurisprudence. As a seventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiffs actions constituted a full release by Plaintiff of any and all claims which he may have had against these answering Defendants. R. Civ. Interpleader Actions in Florida are governed by Florida Rule of Civil Procedure 1.240, which is a rule promulgated by Floridas Supreme Court. The rest of the grounds under the old provisions of the Motion to Dismiss are now grounds for affirmative defenses (Section 5(b), Rule 6). In Section 2 of your Answer, include all affirmative defenses that you may have. This blog will focus on the use of Interpleader Actions for escrow binder disputes in Florida. 454, 465 (S.D.N.Y. Both serve the same function of joining two or more adverse claimants to a single proceeding in order to promote efficiency and protect the stakeholder from multiple lawsuits. Arbitration and award. 2. In some jurisdictions, the res will earn interest at the legal rate until disbursed. What follows is for discussion purposes only for review and consideration by and for liciensed Calfornia Defense lawyers, and should not be used in any particular matter or case. Comm'n v. Ewing, 418 P.2d 296 (Colo. 1966). SPV-LS illustrates that more is needed to hold the stakeholder liable a wrong independent of the interpleader action. requires a party to "set forth affirmatively . Statute of limitations bars Plaintiff's claim (s). Code 1975, and an action for eviction as defined in 35-9A-141(5), Ala. Code 1975, in which actions a defendant shall serve an answer within seven (7) calendar days after service of the summons and complaint, and (2) the provisions for the assertion of certain defenses by motion at the option of the pleader in Rule 12 are deleted. Admitted. (Ohio Civ. If the court finds the interpleader appropriate, the person filing the suit is dismissed from the case, the funds are deposited into the court registry, and the claimants to the funds litigate between themselves the issue of entitlement of the deposited monies. As a tenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that its full performance of any agreement or act required of it, if there be such agreements or acts, fulfills all its duties and obligations to Plaintiff, if any there be, contractual, fiduciary, or other, and no other duty or obligation to Plaintiff remains on behalf of these answering Defendants. After dismissal, the escrow agent is not done yet. - Same decision defense (employer would still have fired employee for lawful reasons even if the actual firing was for a mix of lawful and unlawful reasons) (Mt. Shamrock: plaintiff cannot remove, defendant cannot remove based on a federal affirmative defense or a federal Thereafter, the automatic stay in the Bankruptcy Action was lifted, and the Bankruptcy Action was dismissed. Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action is one of those remedies. Get free summaries of new opinions delivered to your inbox! a third party has given notice that they believe they are entitled to the goods under Rule 85.4(1), a counter-notice is duly given by the creditor under Rule 85.4(3), but, the third party then fails to commence the application to the court which is required under Rule 85.5, and. Protecting the Rights of Healthcare Providers in Interpleader Actions. Affirmative Defenses Counterclaims Crossclaims Answer to Crossclaim/Reply to Counterclaim See state court rules or Fed. [3], It originally applied to bailees subject to multiple actions of detinue,[4] and privity was required either between the parties or in detinue, in order for the defendant to be able to sue for garnishment.[5]. To establish this claim, the plaintiff must prove all of the following: . As a fifth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that by reason of Plaintiffs conduct which constitutes a breach of contract, tortious conduct, waiver, unclean hands, and laches, Plaintiff is estopped to assert any right of relief. A party served with a pleading stating a cross-claim . claimed no interest in the subject-matter in dispute other than for charges or, did not collude with any of the claimants to that subject-matter; and. After Mr. Smith pays the attorney and receives funds for pain and suffering, the remainder of the settlement totals $75,000. 13388 (CSH), 2008 WL 953619, at *7 (S.D.N.Y. An example of independent liability would be when the escrow agent has breached his duties under the escrow agreement or the escrow agent fails to disclose a conflict or misappropriates the funds. Under such circumstances, it is an improvident exercise of discretion for a court to discharge the stakeholder before the question of its alleged liability has been adjudicated. Admitted. Tucson, They are a potent procedural weapon to defeat or diminish the plaintiff's claim or claims. The stakeholder may invoke Rule 22 as a plaintiff, or by counter-claiming in an action already started against him by one, or more claimants. See Noerr-Pennington Doctrine (2009), ABA Section of Antitrust Law, at p.107. Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead. CO 15. Note that, unlike affirmative defenses where the defendant bears the burden of proving the defense, some of the following are more properly styled "additional defenses" where the plaintiff bears the burden of proving that the defense does not apply (e.g. Read more here. 1. One specific situation commonly seen in the reported cases is where the policyholder was allegedly murdered by a beneficiary (which would disqualify that beneficiary from receiving any proceeds).[2]. Chicago, F.R.C.P. In November 2009, Nacham, as trustee, entered into a Life Insurance Policy Purchase and Sales Agreement (the Sale Agreement) with Plaintiff, Financial Life Services, LLC (FLS), whereby FLS agreed to purchase the Policy from the Trust for $1,350,000. | wu 1335, 1397, and 2361. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of Maxey v. Jefferson County Sch. 1335. If an insurer files a declaratory action but declines to include the third party claimant, then the declaratory action has left out a person who has a claim or interest that will be affected by the declaration. As a third, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that they have incurred damages by reason of Plaintiffs conduct and that it has the right of offset of any amount of monies owed to Plaintiff by way of damages. These procedure are outlined generally by Florida Realtors and include seeking an Escrow Disbursement Order, Arbitration, Mediation or Interpleader. a. Interpleader Defendant No. Bankers Trust Co. v. Hogan, 196 A.D.2d 469 (1st Dept. Note the one affirmative defense for ADA lawsuits regarding Not Readily Achievable (as sort of Grand Father or Grand Fathered in ADA Defense) needs to be adjusted for each case where it might apply). The applicant or interpleading party may join as a defendant in such action any other party against whom claims are made by one or more of the claimants or such other party may interplead by cross-complaint; provided, however, that such claims arise out of the same transaction or occurrence. They Didnt Sign the Contract Do We Still Have a Deal? . acquire the Defendant Answer To Complaint Affirmative Defenses And link that we meet the expense of here and check out the link. Understanding Usury: Is It an Investment, or Is It a Loan? The purpose of an affirmative defense is to give enough notice of your defenses so that Plaintiff and the Court understand your argument. Factors in Determining Privilege All the adverse titles or claims must be dependent or derived from a common source; The stakeholder must not have or claim any interest it the. This action is barred in whole or in part by the doctrines of res judicata and/or collateral estoppel. Federal courts have held that because of the deposit of the res with the court an interpleader action is an action to determine the validity of competing claims to identified property that served may be under 28U.S.C. Defendants deny the allegations of Paragraph 17 of the Complaint. {LAW FIRM NAME} You may have to pay the opposing party's attorney fees and costs in the event of a loss. In some jurisdictions, the plaintiff is referred to as the plaintiff-in-interpleader and each claimant a claimant-in-interpleader. QPy!dU]6D:Y_N4E9|SG mG-uwE>D(B3Hu6Fik/*8 The Uniform Commercial Code 7-603 adopted in all 50 of the states of the United States provides that a bailee when more than one person claims title to or possession of the goods under document of title (warehouse receipt or bill of lading) may bring an interpleader as an original action or as a defense to a suit for nondelivery. . 1 S Church Ave #1000 Thus, the rules for pleading that are so commonly used in demurrers to complaints are also applicable to demurrers to answers. - fair use (copyright). Cellphone Use/Texting While Driving Accidents. Because of the competing claims to the Policy proceeds, Transamerica refused to distribute the proceeds. Under the proceeding as originally developed, the stakeholder would deposit the res with the court, and then the defendants would have their claims adjudicated by the court. Many affirmative defenses are listed in Rule 94 of the . Connect with me on LinkedIn. That Plaintiff take nothing by reason of the unverified Complaint herein, and that these answering Defendants be dismissed hence; 2. he must be perfectly indifferent between them. This single volume reference guide presents a practice-oriented approach where the rules are discussed in . service of process). Rule 22 is known as rule interpleader. [31] In most states there are statutes or court rules that provide for interpleader similar to the federal rules. Typically, once the stakeholder deposits the res into the court (for example, the face value of the insurance policy), the stakeholder is released from the action and the claimants proceed against each other to determine which of them is legally entitled to the res. Accordingly, while pleadings may be amended to add additional affirmative defenses, it is essential that all defenses to be raised at trial are pleaded before trial (ideally, at least a week prior to the deadline to serve written discovery in a case). An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. If bill was not sent to patient prior to interpleader, then provider may not receive any monies. If bill was not sent to patient prior to settlement, then a smaller settlement results, and thus less for providers. 80203, 702-625-7777 The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. Such a dispute commonly arises from interpersonal friction among the policyholder's survivors. Ct., N.Y. County Apr. Proc., 430.80.) SPV-LS arose out of a dispute over proceeds of a stranger-originated life insurance policy (the Policy), which insured the life of Nancy Bergman (Nancy) for ten million dollars. . As a twelfth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff, by his acts, conduct and/or omissions, has ratified the acts, conduct and omissions, if any, of these answering Defendants; therefore, Plaintiff is barred from seeking any relief from these answering Defendants. Co. v. Ferndale Dev. Admitted. Ensure information regarding the bill is accurate within the interpleader. What Should You Do If Youre In An Accident? The Court went on to note that Plaintiffs failed to allege any breach of contract based on an independent claim of liability. You could buy guide Defendant Answer To Complaint Affirmative Defenses And or Dist. The insurance company is the stakeholder, the claimants are the persons who might be beneficiaries under the policy, and the cash value of the policy benefit is the res. These 19 affirmative defenses published here are one section of what Nona filed on 3/8/21 to get the money that Red Rock stole and to get penalties and damages. do not claim any interest in the subject of the subject matter of the suit, but the right to them is claimed or supposed to belong to a third party who has sued or expect to sue for the subject matter of the suit; has not colluded in any matter with such third party. . Without knowledge . Defendant may plead inconsistent defenses. Ins. Procedures are in effect for claims where:[19]. The money or other property in controversy is called the res (a Latin word meaning object or thing). The Federal Interpleader Act of 1917 allowed an insurance company, or fraternal benefit society subject to multiple claims on the same policy to file a suit in equity by a bill of interpleader in United States district courts and providing nationwide service of process. 8. What Rights Do I Have As A Shareholder In A Private Company. Sign up for our free summaries and get the latest delivered directly to you. Id. [any] matter constituting an avoidance or affirmative defense." Differences between the two forms of interpleader concern personal and subject matter jurisdiction, service of process, and venue. For interpleader under Rule 22, subject matter jurisdiction must be based on Article III of the Constitution and the jurisdictional statutes. Universal Citation: 12 OK Stat 12-2022 (2014) INTERPLEADER A. -- F.R.C.P. is ready to bring into court or pay or depose of the subject matter of the action in such manner as the court directs. The property in question is called the stake or res, and the third party who has custody of the stake is called the stakeholder. INTERPLEADER CONCERNING GUARDIAN ANGEL TRUST, LLC . Snap Spectacles: Smile Because You May Indeed Be On Camera, Dont Let Your Child Be The Invisible Kid This Halloween. Admitted. If the court grants the interpleader, the stakeholder is dismissed from the action. {City}, {State} {ZIP} , 418 P.2d 296 (Colo. 1966). As a fourth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff is engaged in conduct that constitutes waiver of his rights. Given the competing claims to the funds, the holder can wait for the parties to resolve their dispute or file an interpleader action asking the court to decide who should get the funds being held. EIGHTEENTH AFFIRMATIVE DEFENSE (Novation) 18. <> In many cases, an interpleader action arises due to an individual receiving settlement funds meant for the payment of multiple bills. 6. There are two specific types of interpleader actions in the United States federal courts. 9. An affirmative defense is an argument that Plaintiff's claim should fail for some procedural or legal reason. Defendant affirmatively alleges that Plaintiff has failed to state a legal basis to discharge Plaintiffs insured from liability for [his/her] negligence or to restrain Defendants from initiating claims against Plaintiffs insured, and that any such relief should be denied. _______________and______________; and DOES 1 through 5, inclusive, ASSIGNED FOR ALL PURPOSES TO THE HONORABLE_____________. In cases where a person was subject to multiple claims, the applicant had to show that he: As a result of the coming into force of Part 3 and Schedule 12 of the Tribunals, Courts and Enforcement Act 2007[15] on 6 April 2014,[16] Order 17 and Order 33 were replaced by the new Parts 83-86 of the Civil Procedure Rules. a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto; a sheriff or a person expected to be sued by two or more persons as claims made to any money, goods, or chattels taken or intended to be taken by a sheriff in execution under any process, or to the proceeds or value of any such goods or chattels, by a person other than the person against whom the process is issued, a person is making a claim to or in respect of goods seized in execution of the County Court or the proceeds or value thereof. 2017) (internal citations omitted). B. Interpleader Action Under 28 U.S.C. The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. An interpleader action protects the holder of assets (such as a bank account, brokerage account or life insurance policy proceeds) and property when there is a dispute between two or more parties claiming ownership. Statutory modifications to the procedure, which vary by jurisdiction, sometimes allow the stakeholder to retain the res pending final disposition of the case. On April 22, 2014, Nachman sent Transamerica a letter in which Nachman claimed that he was the rightful Policy beneficiary, that he never transferred ownership of the Policy, and that he commenced legal proceedings to establish his ownership. 8(B).) 8(c) requires a party to "set forth affirmatively . In Louisiana interpleader is called concursus. The remedy this rule provides is in addition to and does not supersede or limit the remedy provided by 28U.S.C. xZr ?Ox79{fZ%Vl%Jf&m>I}hi*4}0&_f91"s>nWcOF&0NDh+" J;3EAh"314};;L9?d#na|_ m'@>$lAd^lH@q,l_6V/3zIAh{#SAf8HKay,b0(I?7$>I?~4m JbUk4.8SAqA:-YD31 AHz(cK"w%#2(aar`\? As a first, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiffs unverified Complaint, in its entirety, nor any purported cause of action set forth therein, allege facts sufficient to constitute a cause of action against these answering Defendants. Like its federal counterparts, CPLR 1006(a) enables a stakeholder who faces liability as a result of conflicting claims to an asset, but has no interest in that asset, to commence an interpleader action against the competing claimants, and compel them to litigate the matter among themselves. A bad alternative does not affect a good one. Five Tips for a Successful Real Estate Closing, Five Key Provisions Every Landlord Needs in a Residential Lease, Real Estate Development, Sales and Leasing Industry Legal Blog. Google alleges that no punitive or exemplary damages should be awarded . Under federal law, there are two forms of interpleader: rule interpleader, under Federal Rule of Civil Procedure 22; and statutory interpleader, under 28 U.S.C. In the absence of an interpleader action, the stakeholder must either give the asset or property to one of the parties claiming ownership or face a lawsuit for wrongfully giving the asset or property to the other claimant. P. 10 . SECOND AFFIRMATIVE DEFENSE (As to Count II - Interpleader) 30. Bunker (Switzerland) SA, 2017 A.M.C. Court Holds That Filing An Interpleader Complaint Is Not An Actionable Wrong, The Anti-Retaliation Provisions Of The False Claims Act, Eligibility Under The IRS Whistleblower Program, The Process of Submitting A Whistleblower Claim, The Whistleblower Must Voluntarily Provide Original Information, The Whistleblowers Information Must Lead To a Successful Enforcement Action, The Confidentiality Protections Under The SEC/CFTC Whistleblower Program, Anti-Retaliation Under The SEC And CFTC Whistleblower Programs. Product description. 3. ___________, as owner of_________, derivatively on behalf of___________, and ______________, an Individual. On June 13, 2014, SPV initiated a breach of contract action against Transamerica to recover the Policy proceeds in the United States District Court for the District of South Dakota (South Dakota Action).