United States Second Circuit

The district court's order dismissing, with prejudice, plaintiff's qui tam action under the federal and New York False Claims Acts alleging a "fraudulent billing scheme" by defendants on a number of publicly financed construction projects, including the new One World Trade Center, is vacated and remanded, where the district court erred in dismissing the case with prejudice as to the plaintiff because: 1) plaintiff sought voluntary dismissal of the claim before any defendant filed an answer or motion for summary judgment; and 2) in such a case, the plain text of the rule provides that dismissal "is without prejudice," and affords no discretion in this respect to the district court.

Appellate Information

• Decided 03/10/2014
• Published 03/10/2014

Judges

• SACK

Court

• United States Second Circuit

Counsel