Even Failed Qui Tam Complaints Don’t Remain Sealed Forever: A Cautionary Tale for the Relator Who Swings and Misses
Although a False Claims Act suit begins under seal, that does not make it “secret” litigation. A qui tam relator’s identity will become known eventually, even if the relator would prefer otherwise. The relator in United States ex rel. Locklear v. Medixx Transport, LLC, CV617-139 (S.D. Ga. Jul. 13, 2018), voluntarily dismissed his suit after the government declined to intervene, but then asked the court to keep the case under seal, for eternity. The court rejected both proffered justifications for this unusual request—one credible, the other perhaps a bit less so.
