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Reject The Mistaken Qui Tam FCA Resealing Doctrine

Law360, New York (January 11, 2018, 12:46 PM EST) -- In recent years, a number of courts, with the approval of the U.S. Department of Justice, have embraced the view that, when a relator files an amended complaint in a qui tam False Claims Act case after the government has declined to intervene and the case has been unsealed, the amended complaint should nonetheless be filed under seal, at least if it contains substantial amendments. This interpretation of the FCA is contrary to the statute’s plain terms and purposes and should be rejected.

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