DOJ Should Weigh Dismissing Every Nonintervened FCA Suit
By Courtney Saleski, Eric Christofferson and Andrew Hoffman (July 7, 2021, 1:40 PM EDT) -- When the U.S. Department of Justice issued the so-called Granston memo in 2018, it instructed DOJ lawyers — in nonintervened False Claims Act cases brought by private plaintiffs — to consider more seriously and thoroughly whether to seek affirmative dismissals.
A notable increase in statutory dismissals has followed — the recent decision by the U.S. District Court for the Middle District of Tennessee to dismiss a declined qui tam lawsuit in U.S. v. SavaSeniorCare LLC, for example. So too have the number of defendant requests to the DOJ for dismissal of nonintervened FCA lawsuits.
At conferences and in discussing cases, we...
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