5th Circ. Told Gov't Can't Unilaterally End Whistleblower Suit

Law360 (August 5, 2020, 7:00 PM EDT) -- When federal prosecutors unilaterally dismissed two whistleblower False Claims Act suits a corporate entity was pursuing on behalf of the government, it acted "lawlessly," the Fifth Circuit was told during oral arguments Wednesday.

Kenneth Starr, of The Lanier Law Firm, represents Health Choice Alliance LLC and Health Choice Group LLC, and told the panel of three circuit judges that the government attorneys who got the lawsuits dismissed — after HCA and HCG had prosecuted the cases for 18 months — were also acting "arbitrarily and capriciously."

Starr argued his clients' claims were dismissed in violation of procedural due process, without the...

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