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False Claims Act Seal Violation Doesn’t Mean Automatic Dismissal of Case

State Farm Fire and Casualty Co. v. United States ex rel. Rigsby is the perfect case for an eight member Court. So simple a unanimous Court issued an opinion in about a month after oral argument.

The False Claims Act (FCA) allows third parties to sue on behalf of the United States for fraud committed against the United States. Per the Act a FCA complaint is kept secret “under seal” until the United States can review it and decide whether it wants to participate in the case. Continue reading

 

Break the Seal and Lose Your Case?

It is hard to keep quiet when you have a secret big enough that ABC’s 20/20 is interested in interviewing you. But if you talk too soon will the lawsuit your secret culminates in be dismissed?

The False Claims Act (FCA) allows third parties to sue on behalf of the United States for fraud committed against the United States. Per the Act a FCA complaint is kept secret “under seal” until the United States can review it and decide whether it wants to participate in the case.

In Rigsby v. State Farm the Supreme Court will decide what standard applies when deciding whether to dismiss a case because of a seal violation. Some federal circuits dismiss all cases. Continue reading