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January 7, 2020

Pending Seventh Circuit Decision Could Impact False Claims Dismissals

An appeal before the Seventh Circuit could determine how much deference the U.S. government gets in dismissing whistleblower False Claims Act cases, Bloomberg Law reports.

The U.S. Department of Justice (DOJ) is appealing an Illinois-based federal judge’s decision that rejected its dismissal of a False Claims Act lawsuit. This dismissal was part of a wave of such actions from DOJ after it issued the Granston memorandum last January, which asks DOJ attorneys to dismiss “meritless” cases. Different courts have taken different stances on how much leeway the government has in dismissing these cases.

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