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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.