US Supreme Court rules in favor of DOJ power to dismiss whistleblower lawsuits
From the article: "...Justice Kagan clarifies, the government can seek dismissal of an FCA claim as long it has intervened during the litigation. The opinion goes on to direct district courts to handle such dismissals under Federal Rule of Civil Procedure 41(a), which governs voluntary dismissals of federal lawsuits.
Justice Clarence Thomas filed a dissent, emphasizing the importance of the timing of the government’s intervention, saying:
This case requires us to decide whether the Government enjoys the same panoply of procedural rights when it takes over an action during the seal period and when (as here) it intervenes in the action “at a later date” after the relator has “proceed[ed] with the action.” quoting §3730(c)(3).
Justice Thomas suggests that the language of the FCA does not make clear that the government has broad dismissal power. Justice Thomas also claims that the FCA may conflict with Article II of the constitution..."
Article Reference: www.jurist.org
