by Ben Vernia | April 5th, 2010
In a one-paragraph decision on March 18, the Fifth Circuit affirmed the dismissal of U.S. ex rel. Ellard v. Medtronic, Inc., for failing to file his complaint under seal and failing to serve it on the U.S. before notifying the defendants. The Court agreed with the District Court that these omissions had “‘incurably frustrated’ the statutory goals of the FCA.”
