United States:
New "Granston Memorandum" Outlines Factors DOJ May Consider In Dismissing Qui Tam Cases Brought By Relators
29 January 2018
Reed Smith
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A top Department of Justice (DOJ) official has recently issued a
much-anticipated memo explaining the factors DOJ will consider when
deciding whether to dismiss FCA suits brought by relators in
qui tam cases. Specifically, the memo by Michael Granston,
Director of the Commercial Litigation Branch within the DOJ Fraud
Section sets forth seven non-exhaustive factors that DOJ lawyers
should consider when deciding whether to seek dismissal of all or
part of a FCA qui tam suit under 3730(c)(2)(A), addressing
the following areas:
- Curbing meritless qui
tams
- Preventing parasitic or
opportunistic qui tam actions and controlling
litigation
- Preventing interference with
agency policies and programs
- Certain procedural and policy
concerns
For more information on this important topic, please read the
full blog post
here, and the Granston memorandum dated January 10, 2018 here.
This article is presented for informational purposes only
and is not intended to constitute legal advice.
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