DOJ Should Weigh Dismissing Every Nonintervened FCA Suit

Law360 (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.[1] 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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