A Critical Approach To Repeat Extensions Of FCA Seal Period
By J. Taylor Chenery and Brian Irving ( November 6, 2018, 11:52 AM EST) -- The U.S. District Court for the Eastern District of Pennsylvania recently criticized some courts' willingness to "slip into a comfortable routine" of granting requests from the government to extend the period during which a False Claims Act action remains under seal while the government investigates and decides whether to intervene. Breaking from this practice, which it noted "can amount to significant abuses of the statutory scheme," the court in U.S. ex rel. Brasher v. Pentec Health Inc. denied the government's 11th extension request, and then doubled down by denying the government's request for reconsideration even after both the relator and the defendant joined that request. In so doing, the court adopted a narrow view of what constitutes "good cause" to extend the seal period....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.