December 6, 2016

06 December 2016

Supreme Court Rules That Violation of the FCA’s Seal Provision Does Not Mandate Dismissal

On December 6, 2016 the Supreme Court ruled that violation of the FCA’s seal provisions does not mandate dismissal of a relators’ complaint. Rather, while Section 3730(b)(2) requires relators to file under seal, the text of the statute is silent as to the remedy for violating this requirement. The Court left to the District Court’s discretion to determine the appropriate remedy for violations of the seal provision.  Slip Op. at 10.


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