Dismissing FCA Cases Over Relators' Objections

Law360, New York (May 7, 2012, 1:36 PM EDT) -- The recent decision of the Tenth Circuit Court of Appeals in United States ex rel. Wickliffe v. EMC Corporation (10th Cir. April 4, 2012) highlights a tool rarely used by the government in qui tam actions brought under the federal False Claims Act — the government's dismissal of an action under 31 U.S.C. § 3730(c)(2)(A) over a relator's objection. A review of the government's approach in EMC Corporation indicates that defense counsel should, where possible, demonstrate to the government how allowing a qui tam action to proceed will harm its policy interests or reduce its recoveries in other situations, and argue that dismissal is therefore appropriate....

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