Plain-English summary
Government may move to dismiss qui tam suits after intervening, even during sealed period — Court affirms
The Court held that when the United States intervenes in a qui tam suit under the False Claims Act (FCA), it may move to dismiss the action under 31 U.S.C. §3730(c)(2)(A) at any time after intervention, including during the seal period. The judgment from the Third Circuit was affirmed.
Why this matters
The decision clarifies who controls a False Claims Act case after the government intervenes: the United States has the authority to seek dismissal and courts must review such motions with ordinary standards that weigh the Government’s and relator’s interests. This affects how and when qui tam suits proceed and the balance between whistleblowers and government enforcement of fraud claims.
Who may feel it
- Whistleblowers (relators) who bring FCA suits
- Companies and entities accused of defrauding the government
- U.S. Department of Justice and federal prosecutors
- Courts handling False Claims Act litigation
Key questions
- Does the United States have the power to move to dismiss an FCA qui tam action after it has intervened, including during the seal period?
- What standard should courts use when evaluating a government motion to dismiss an FCA action brought by an intervening United States?