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United States Fourth Circuit

Smith v. Clark, Smoot, Russell, 14-1406

In a false claims act case involving federal construction projects, the district court's dismissal with prejudice for a violation of the seal requirement, is reversed where: 1) although the relator's attorney revealed to the relator's employer the existence of the complaint well before the end of the sixty day waiting period, dismissal was inappropriate because the seal violation did not incurably frustrate the seal's statutory purpose; and 2) neither of the district court's alternative reasons for dismissing the claims, including the doctrine of primary jurisdiction and failure to comply with Civil Procedure Rule 9(b), warrant dismissal with prejudice.

Appellate Information

  • Decided 08/10/2015
  • Published 08/10/2015


  • Wynn


  • United States Fourth Circuit


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