9th Circ. Rejects DOJ's Quick Appeal In Bid To End FCA Suit

Law360 (August 4, 2020, 10:55 PM EDT) -- The Ninth Circuit on Tuesday rejected the U.S. Department of Justice's bid to end a False Claims Act suit it had declined to intervene in, saying the feds' wish to avoid "onerous" discovery was not important enough to warrant immediate appeal of an order denying the DOJ's motion to dismiss.

In a published opinion authored by Circuit Judge Kim McLane Wardlaw, the panel dismissed the DOJ's appeal for a lack of jurisdiction. It also said that when it determines if a district court order is immediately appealable, it does not focus on the "exigencies" of any individual case and that the issues...

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