Tide Is Turning Against FCA Case Dismissals

By Michael Podberesky, John Moran and Cassandra Burns (July 28, 2021, 5:21 PM EDT) -- Near the end of its recent term, the U.S. Supreme Court declined to review the U.S. Court of Appeals for the Seventh Circuit's decision in U.S. ex rel. CIMZNHCA v. UCB, Inc., involving a hot issue in False Claims Act litigation over the last several years — the standard governing a government motion to dismiss a whistleblower's nonintervened qui tam case.

The Supreme Court's denial of certiorari leaves in place the Seventh Circuit's opinion, which held that the district court should have granted the government's motion to dismiss a qui tam suit over the relator's objection.

On the surface, this appears to be...

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