Disputes Heating Up Over Gov't Qui Tam Dismissal Authority

Law360 (February 15, 2019, 4:48 PM EST) -- Since the beginning of the Trump administration, and particularly in the last six months, the U.S. Department of Justice has been exercising its authority to dismiss qui tam False Claims Act cases with increasing frequency.[1] As relators have challenged the government’s efforts, disputes over the scope of the government’s dismissal authority have arisen in at least a dozen cases in seven districts around the country, and one of the disputes has already reached the U.S. Court of Appeals for the Ninth Circuit.

These fights not only reflect the key considerations driving government dismissal motions, but also raise fundamental legal issues about...

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