United States v. McAvoy, No. 20-10604 (11th Cir. 2021)
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Because the Eleventh Circuit previously determined that the Government does not have to formally intervene before filing a motion to settle a qui tam action, and because the reasoning is the same for dismissals, the court held that the Government does not have to formally intervene before moving to dismiss a qui tam case even though it had earlier declined to intervene. The court also concluded that decisions to dismiss are within the province of the Executive Branch subject only to limits imposed by the Federal Rules of Civil Procedure, a statute, or the Constitution.
The court affirmed the district court's dismissal of the case. Here, when relators filed their initial complaint, the United States declined to intervene. Relators then filed an amended complaint adding additional defendants, some of which were Government employees in their individual and official capacities. The United States subsequently filed a motion to dismiss without first filing a motion to intervene in the case.
The court issued a subsequent related opinion or order on March 9, 2022.
The court issued a subsequent related opinion or order on July 18, 2023.
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