fbpx
News
August 22, 2018

Defense Attorneys Examine “Circuit Split” on False Claims Act Dismissals

In a Law360 analysis piece, two defense attorneys from Wiley Rein LLP examine the growing circuit split on the U.S. Department of Justice’s authority to dismiss False Claims Act lawsuits in light of its January Granston memo.

The Granston memo directs U.S. attorneys to dismiss “meritless” qui tam lawsuits brought under the False Claims Act. However, attorneys Nicholas Peterson and Madeline Cohen note that some courts, like the Fifth, Eleventh, and D.C. Circuits, say the government “has the unilateral power” to dismiss these claims while others, like the Ninth and Tenth Circuits, require the government to show “that a valid purpose exists.”

Peterson and Cohen say these competing dynamics offer differing strategies for defendants looking for dismissals. The memo also gives defendants “an opportunity to pitch dismissal” even if the government “declines to intervene.”

FCA lawsuits healthcare costs Blog An Easy Way to Reduce Health Care Costs: Fix FCA Lawsuits False Claims Act (FCA) Supreme Court Qui Tam Action Blog Supreme Court to Review Qui Tam Action Dismissal Standards  False Claims Act (FCA) Drone Laws, flying drone over field Blog Drone Laws: A Look in the Future Class Action Litigation, Over-Enforcement U.S. Department of Justice building in Washington D.C. Blog Department of Justice Rolls Back Key Over-Enforcement Reforms Over-Enforcement U.S. Capitol Press Releases U.S. Chamber of Commerce Applauds Introduction of Bipartisan Senate Bill to Combat Foreign Corruption Over-Enforcement

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Review Settings