United States v. Health Possibilities, P.S.C.

OPINION

NATHANIEL R. JONES, Circuit Judge.

Raising an issue of first impression in this circuit, this case requires that we determine whether the Attorney General’s consent is required before a private plaintiff may settle or otherwise dismiss an action under the qui tam provisions of the False Claims Act (“FCA”), 31 U.S.C. § 3730(b)(1). The district court concluded that the consent provisions of the FCA apply only to attempts to dismiss qui tam actions prior to the government’s initial intervention decision, and that when the government affirmatively declines to intervene, a private plaintiff…