As the second entry in our series on the history of qui tam litigation in Virginia, I did a little historical research.

The first published qui tam opinion in Virginia legal history occurred under the Colonial Courts, in the 1730 in the case of Churchill v. Blackburn.  Indeed, before the year 1900 there were at least 34 qui tam cases in decided in Virginia, including Commonwealth ex rel Walker v. Southern Express Company, 92 Va. 59, 22 S.E. 809 (1895).    

In Southern Express, the relator—unceremoniously referred to as the "informer"—brought suit to enforce a penalty under sections 1215 and 1220 of the Virginia Code of 1887, which prohibited rail carriers from charging fees in excess of a certain amount. 

Section 1215 set forth the allowable fee, and section 1220 allowed any person who found a carrier charging more to come forward, prosecute the case, and receive half of the fine.  At that time, the fine was a steep $100.

Later entries in this series will cover in more detail the fascinating historical development of this concept in Virginia law.


Zachary Kitts
Cook & Kitts, PLLC