Limits Of DOJ's Qui Tam Dismissal Authority Are Unsettled

Law360 (July 2, 2019, 2:04 PM EDT) -- On June 24, 2019, in a speech at the American Health Lawyers Association Annual Meeting, the director of the U.S. Department of Justice’s Civil Fraud Section, Michael Granston, announced that at least 30 False Claims Act cases have been dismissed since the DOJ adopted guidance encouraging its lawyers to seek dismissal of nonintervened qui tam cases that “lack substantial merit.” This uptick in the number of dismissals granted under the DOJ’s 31 U.S.C. Section 3730(c)(2)(A) authority is a notable departure from the past when this provision was used in less than 1% of all cases.[1]

The 18 months since the release...

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