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Expert Analysis

7th Circ. FCA Dismissal Ruling May Have Unintended Effects

By Douglas Baruch, Jennifer Wollenberg and Kayla Kaplan (August 24, 2020, 3:04 PM EDT) -- Following three decades of atrophy, the U.S. Department of Justice has been flexing its False Claims Act dismissal authority at an increasing pace.[1] Not surprisingly, this welcome uptick of activity in nonintervened FCA cases has created new opportunities for appellate court decisions to weigh in on a long-standing circuit court split regarding the proper standard of review for government dismissal motions....

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