FCA Wave Sparks Debate Over DOJ Power To Boot Weak Suits

Law360, New York (May 2, 2014, 6:55 PM EDT) -- The U.S. Department of Justice's exceedingly rare use of its power to throw out meritless False Claims Act cases is drawing fire from defense attorneys battling a flood of lawsuits, but counsel for whistleblowers warn that stricter gatekeeping would short-circuit the law's intent and power.

At issue is an FCA provision — 31 U.S.C. 3730(c)(2)(A) — that allows the government to dismiss complaints over the objections of the person who brought the case. Circuit courts have voiced different views on whether the DOJ needs a good reason to unilaterally terminate a suit, but the government generally has been given wide berth...

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