Podcast: Supreme Court Opinion Undermines Integrity of FCA Qui Tam SchemeJanuary 17, 2017
At the invitation of The Federalist Society, Larry Ebner, founder of Capital Appellate Advocacy PLLC, conducted a 45-minute teleforum on the shortcomings and practical impact of the Supreme Court’s December 6, 2016 opinion in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No.15-513. The Court unanimously held that dismissal is not required even for a deliberate, egregious violation of the statutory requirement that a False Claims Act qui tam complaint remain under seal while the Department of Justice investigates the relators’ allegations and decides whether to intervene. Mr. Ebner’s January 17 presentation highlighted statutory and case background, summarized the Court’s unanimous (eight-Justice) holding, and offered observations and comments about the Court’s opinion. The audio of the teleforum session is available by clicking/tapping HERE.