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· 11/5/1993

United States of America, Ex Rel. Kevin G. Kelly v. The Boeing Company

Citations

  • 9 F.3d 743
  • 1993 WL 460501

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the district court did not err by taking judicia 10 || notice of pleadings in earlier related proceedings
  • holding that a qui tam relator “who litigates only a single case” and “must yield” to the government when it elects to intervene does not exercise “significant authority”
  • holding that the FCA’s qui tam provisions do not “dis- rupt the proper balance between the branches because . . . the FCA permits the Executive Branch to retain sufficient control over pros- ecutorial functions”
  • reasoning that to preserve the FCA, the Act should be interpreted to give government similar degree of control over litigation as if it had intervened at litigation's inception
  • determining that the FCA provides the government with sufficient control over the conduct of the relator to ensure that the Executive Branch can perform its constitutionally assigned duties
  • describing as \exaggerated\ the argument that Marshall \strongly suggested\ a financial disinterestedness requirement for prosecutors

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, Wiggins, Leavy

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.