Analysis

7th Circ. FCA Ruling Deepens Circuit Split On DOJ Dismissals

By Jeff Overley (August 18, 2020, 8:13 PM EDT) -- The Seventh Circuit on Monday surprisingly outlined a new way of assessing U.S. Department of Justice efforts to torpedo disfavored whistleblower suits under the False Claims Act, exacerbating a longstanding circuit split and injecting fresh intrigue into the DOJ's controversial campaign.

Monday's ruling added to a bevy of court decisions in the wake of the so-called Granston memo, a DOJ directive for government lawyers to cull whistleblower FCA suits that don't jibe with government prerogatives. Since the memo emerged in early 2018, the DOJ has sought to winnow about 50 whistleblower cases from its FCA docket, more than it targeted for...

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