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False Claims Act Statistics, News & Analysis

High Court Knocks Out Mandatory Dismissal but Leaves Circuit Split on Standard Intact

We last wrote about State Farm & Casualty Company v. United States ex rel. Rigsby (No. 15-513) to report on oral arguments, where the parties (and the government) battled over the standard to be applied in determining whether a qui tam action should be dismissed based on a relator’s violation of the FCA seal requirement. We put our money on the Court declining to require automatic dismissal – and we were right.

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"Leak Away!": State Farm Cautions Court of Message to be Sent to Future Seal-Violators

Last week, the United States Supreme Court heard oral arguments in State Farm & Casualty Company v. United States ex rel. Rigsby (No. 15-513). For the third year in a row, the Court granted certiorari in an FCA case, here to resolve a circuit split over the standard for determining whether a qui tam action should be dismissed due to a violation of the statute’s seal requirement.

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Could Good Things Come in Threes?

In 2015, there was Carterin 2016, there was Escobar, and a cert. grant in Rigsby on May 31, 2016, brought FCA practitioners a crucial step closer to a trifecta of good news for the defense bar. The latest case to be taken up is State Farm & Casualty Company v. United States ex rel. Rigsby (No. 15-513), which is on review from the Fifth Circuit. The Supreme Court could deliver another victory for defendants if it decides that relators’ violation of the FCA sealing provision requires dismissal of their suit.

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