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SMITH v. CLARK/SMOOT/RUSSELL

No. 14-1406.

796 F.3d 424 (2015)

Brian K. SMITH, Plaintiff-Appellant, and United States of America ex rel. Brian K. Smith, Plaintiff, v. CLARK/SMOOT/RUSSELL, a Joint Venture; Clark Construction Group, LLC; Smoot Construction Company of Washington, D.C.; H.J. Russell and Company, Inc., a/k/a H.J. Russell and Company; Shirley Contracting Company, LLC; Shirley Contracting Company, LLC, d/b/a Metro Earthworks; Shelton Federal Group, LLC; Shelton/Metro, a Joint Venture; HSU Development, Inc.; HSU Development, INC., d/b/a HSU Builders, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 10, 2015.

Attorney(s) appearing for the Case

ARGUED: Jerry Alfonso Miles, II , Deale Services, LLC, Rockville, Maryland, for Appellant. Randall A. Brater , Arent Fox LLP, Washington, D.C., for Appellees. ON BRIEF: William W. Goodrich , Patrick R. Quigley , Karen S. Viadeck , Arent Fox LLP, Washington, D.C., for Appellees.

Affirmed in part, reversed in part, vacated in part, and remanded for further proceedings by published opinion. Judge WYNN wrote the opinion, in which Judge FLOYD and Judge HARRIS concurred.

To bring an action under the False Claims Act, a relator must, among other things, file his complaint under seal and maintain that seal for a period of sixty days. Although the False Claims Act complaint in this matter was properly filed under seal, the relator's attorney revealed to the relator's employer the existence of the...

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