Justices Shun Bright-Line Rule For FCA Seal Violations

Law360, New York (November 2, 2016, 11:54 AM EDT) -- In oral arguments Tuesday about the proper remedy for violations of secrecy orders under the False Claims Act, the eight justices of the U.S. Supreme Court seemed loath to adopt any bright-line rule — a recognition of what Justice Stephen Breyer called the "vast range" of scenarios and possible outcomes of such violations.

"Life is complicated," said Justice Breyer. "There are all kinds of factors [that] affect the basic fairness of the situation. ... Like many, many, many decisions, this is conferred upon [district courts] to make a fair decision."

Speaking for State Farm, the petitioner in State Farm Fire and...

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