· 2/11/2003
Swift, Susan v. United States
Citations
- 318 F.3d 250
- 355 U.S. App. D.C. 59
- 2003 U.S. App. LEXIS 2447
- 2003 WL 271520
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, at least when the complaint remains sealed, the government's right to dismiss an action, like its decisions not to prosecute, is \unfettered\ and \unreviewable\
- holding that § 3730(c)(2)(A) provides the government a virtually “unfettered right to dismiss [the] action.”
- noting that the district court held a hearing when the relator “opposed dismissal and requested a hearing”
- interpreting the federal FCA term “proceed with the action” as “go forward with the government running the litigation”
- disagreeing with the Sequoia decision and concluding that the government has “unfettered” discretion to dismiss false claims actions before the complaint is unsealed
- recognizing the government’s “un- fettered right” to dismiss qui tam actions
Source: CourtListener parenthetical corpus (CC0).
Judges: Edwards, Henderson, Randolph
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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