Straddling The Circuit Split On 'Filing Under Seal'

Law360, New York (October 4, 2011, 4:48 PM EDT) -- The Supreme Court of the United States on June 27, 2011, denied certiorari in U.S. ex rel. Summers v. LHC Group Inc., 623 F.3d 287 (6th Cir. 2010), leaving unsettled a split within the circuits over the impact of a relator's failure to comply with the filing-under-seal provisions of the federal False Claims Act.

The relator in Summers filed suit under the FCA's qui tam provisions but did so on the public docket rather than under seal, as required by § 3730 of the statute. Her...
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