The panel upheld a district court's decision that held the Justice Department had a "valid government purpose" in moving to dismiss a qui tam suit due to a lack of resources. It declined to weigh in on a circuit split over what standard should apply to such government motions under the False Claims Act.
December 01, 2020 at 06:10 PM
1 minute read
On Tuesday, the Second Circuit panel agreed that the Justice Department had stated a valid reason for seeking dismissal, and said that Borzilleri had failed to make the requisite showing that the decision was “fraudulent, arbitrary and capricious, or illegal” under Sequoia.
The order, though, stopped short of embracing a standard that would govern future disputes in the circuit.
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U.S. Court of Appeals for the Second Circuit. (Photo: ALM)
