United States ex rel. Smith v. Lampers

OPINION

GIBBONS, Circuit Judge.

This appeal raises the issue of whether the government’s consent is required before a private plaintiff (called a “relator”) may voluntarily dismiss a qui tam action under the False Claims Act (FCA), 31 U.S.C. § 3730(b)(1). The district court, over the government’s objection, dismissed with prejudice this FCA qui tam action based upon the relator’s and the defendant’s consent to the dismissal. Because the district court’s judgment is contrary to both the plain language of the FCA and controlling Sixth Circuit authority, we vacate the judgment and remand the case…