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On Tuesday, November 1, the Supreme Court will hear oral argument on the case State Farm Fire and Casualty Co. v. U.S. ex rel. Rigsby. The defendant, Cori Rigsby, violated the seal requirement of the False Claims Act (FCA) by disclosing her complaint against State Farm before the defendant was served. Rigsby won her original case against State Farm under the FCA, but State Farm appealed, arguing that the U.S. Court of Appeals should immediately dismiss the case due to the procedural violation. The U.S. Court of Appeals refused to do so. The question the Supreme Court must answer is what standards should be used to determine whether a claim made under the False Claims Act should be dismissed because the complaining party violated the seal requirement?
- Cory Andrews, Senior Litigation Counsel, Washington Legal Foundation