3rd Circ. Says No Hearing Guarantee For FCA Suit Dismissal

Law360 (September 12, 2019, 7:50 PM EDT) -- Courts aren’t required to hold an in-person hearing before granting a government request to dismiss a whistleblower’s False Claims Act suit, the Third Circuit ruled Thursday in a case accusing a child abuse intervention group of lying about its work.

The statutory requirement that a court must give a qui tam relator “an opportunity for a hearing” when the government moves to dismiss an FCA suit over the relator’s objections does not automatically entitle the relator to an in-person hearing, a Third Circuit panel said in a precedential decision. 

Instead, it only gives relators the ability to request a hearing, according...

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