Violation of Sealing Requirements for FCA Case Not Automatic Grounds for Dismissal: Fourth Circuit | Practical Law
In Smith v. Clark/Smoot/Russell, the US Court of Appeals for the Fourth Circuit held that a relator's violation of the mandatory 60-day sealing of a False Claims Act (FCA) case does not require dismissal with prejudice. The court also reiterated the pleading requirements for an FCA claim under Federal Rule of Civil Procedure (FRCP) 9(b).