Divided 4th Circuit Says Hearings Not Needed Before FCA Whistleblower Suit Dismissals
The majority said a requirement that there be an "opportunity for a hearing" in qui tam dismissal motions was satisfied. Judge A. Marvin Quattlebaum disagreed.
August 29, 2024 at 05:20 PM
4 minute read
A U.S. Court of Appeals for the Fourth Circuit panel, in rejecting a lawsuit against Credit Suisse AG, said Thursday that courts don't need to hold in-person hearings when the government seeks to dismiss whistleblower complaints brought under the False Claims Act.
Judges A. Marvin Quattlebaum Jr., Roger Gregory and Henry Floyd upheld the dismissal of an anonymous whistleblower's suit accusing the investment bank of not sharing client information with the government to avoid paying criminal penalties. The lawsuit was brought under the FCA, which allows individuals to file so-called qui tam actions on the government's behalf alleging that defendants defrauded the U.S.
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