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Seal Violation Does Not Mandate Dismissal, Supreme Court Says


On December 6, 2016, the Supreme Court in State Farm and Casualty Co. v. U.S. ex rel. Rigsby rejected the argument that a violation of the FCA’s seal requirement — here, disclosure of the allegations of the sealed complaint to the news media by relator’s counsel — mandates dismissal of a relator’s complaint, holding instead that such a determination is better left to the discretion of the district court. The Court reasoned that the FCA is silent as to the remedy for violating the seal provision, whereas it expressly mandates dismissal elsewhere, and that a rule mandating dismissal could harm the government’s interests —which the seal requirement was meant to protect — by depriving the government of assistance from relators on which it relies to prosecute FCA claims.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Brian Tully McLaughlin
Partner – Washington, D.C.
Phone: +1 202.624.2628

Mark R. Troy
Senior Counsel – Los Angeles
Phone: +1 213.443.5576

Gail D. Zirkelbach
Partner – Los Angeles
Phone: +1 213.443.5549

Jared Engelking
Associate – Washington, D.C.
Phone: +1 202.624.2815

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