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U.S. v. UCB, INC.

No. 19-2273.

970 F.3d 835 (2020)

UNITED STATES of America ex rel. CIMZNHCA, LLC, Plaintiff-Appellee, v. UCB, INC., et al., Defendants, Appeal of: United States of America, Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 2020.

Attorney(s) appearing for the Case

Melissa N. Patterson , Charles W. Scarborough , Attorneys, DEPARTMENT OF JUSTICE, Civil Division, Appellate Staff, Washington, DC, Nathan D. Stump , Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Civil Division, Fairview Heights, IL, for Plaintiff-Appellant.

Julie Fix Meyer , Attorney, ARMSTRONG TEASDALE, St. Louis, MO, W. Jason Rankin, I , Attorney, HEPLER BROOM, LLC, Edwardsville, IL, for Defendants CVS HEALTH CORPORATION and OMNICARE, INCORPORATED.

Scott D. Stein , Attorney, SIDLEY AUSTIN LLP, Chicago, IL, for Defendants RXC ACQUISITION COMPANY and UCB, INC.

C. Lance Gould , Leslie Pescia , Attorneys, BEASLEY ALLEN, Montgomery, AL, for Appellee.

James F. Segroves , Attorney, REED SMITH LLP, Washington, DC, for Amicus Curiae.

Before Rovner, Hamilton, and Scudder, Circuit Judges.

The False Claims Act allows the United States government to dismiss a relator's qui tam suit over the relator's objection with notice and opportunity for a hearing. 31 U.S.C. § 3730(c)(2)(A). The Act does not indicate how, if at all, the district court is to review the government's decision to dismiss. The D.C. Circuit...

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