ACLU, Others Want 4th Circ. To Rehear FCA Secrecy Suit

Law360, New York (May 10, 2011, 6:51 PM EDT) -- The American Civil Liberties Union and other advocacy groups petitioned the Fourth Circuit on Tuesday for an en banc rehearing of their suit challenging the constitutionality of a False Claims Act provision that keeps whistleblower suits sealed.

A three-judge panel for the Fourth Circuit adopted a view of the First Amendment that directly contradicted prior U.S. Supreme Court and Fourth Circuit holdings when it affirmed dismissal of the case in March in a 2-1 decision, according to the ACLU, OMB Watch and the Government Accountability Project....
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