Private plaintiffs file after government action, benefiting from tolling and from prima facie effect of a government judgment under Section 5(a). Consent decrees generally do not carry that effect.
Guilty pleas may establish elements.
Alternative Names:
Follow-On Litigation|Piggyback Action
Why it Matters?
Prima facie effect applies to litigated government judgments but not to consent decrees or nolo pleas, which is a substantial reason defendants resolve government proceedings through consent rather than trial. A guilty plea carries collateral consequences that a nolo plea avoids in most jurisdictions. Structuring the government resolution with the follow-on civil exposure in view is accordingly essential rather than sequential.
Frequently Confused with
Related terms
Frequently asked questions
What judgments carry prima facie effect?
When should civil exposure be considered?
