Legal Opinion

Searcy v. Philips Electronics North America Corp.

Court of Appeals for the Fifth Circuit

Decided July 1, 1997No. 96-40515PublishedCited by 12 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we must decide whether the False Claims Act gives the government the power to veto a settlement after it has declined to intervene in both the trial and appellate courts. We find the last sentence of 31 U.S.C. § 3730(b)(1) unambiguous in its declaration that courts may not grant a voluntary dismissal in a False Claims Act suit unless the U.S. Attorney General consents to the dismissal. Thus, we must vacate the settlement order and voluntary dismissal and remand to the district court.

I

According to the complaint, Philips Electronics North America…

2Cases cited16 opinions

  1. Marino v. OrtizSupreme Court of the United States · 1988
  2. Edwards v. City of HoustonCourt of Appeals for the Fifth Circuit · 1996
  3. United States v. ChagraCourt of Appeals for the Fifth Circuit · 1983
  4. United States of America, Ex Rel., Max Killingsworth v. Northrop CorporationCourt of Appeals for the Ninth Circuit · 1994
  5. Minotti v. LensinkCourt of Appeals for the Second Circuit · 1990

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3Cited by12 opinions

  1. Carol Rae Cooper Foulds v. Texas Tech UniversityCourt of Appeals for the Fifth Circuit · 1999
  2. Securities & Exchange Commission v. Forex Asset Management LLCCourt of Appeals for the Fifth Circuit · 2001
  3. United States ex rel. Michaels v. Agape Senior Community, Inc.Court of Appeals for the Fourth Circuit · 2017
  4. International Game Technology, Inc. v. Second Judicial District Court of the State of Nevada Ex Rel. County of WashoeNevada Supreme Court · 2006
  5. UNITED STATES ex rel. [REDACTED] v. [REDACTED]District Court, D. Utah · 2001

7 more not listed; retrieve them via the Exa API.

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