High Court Inaction Paves Way For Increasing FCA Dismissals

By Brandon Moss and Michelle Bradshaw (April 9, 2020, 6:05 PM EDT) -- On Monday, the U.S. Supreme Court denied certiorari in U.S. v. JPMorgan Chase Bank NA, declining to resolve the circuit split on the U.S. Department of Justice's authority to dismiss qui tams — False Claims Act cases filed by whistleblowers. By doing so, the Supreme Court has allowed important precedent regarding the scope of judicial review over DOJ affirmative motions to dismiss to stand, which should pave the way for the DOJ to continue securing qui tam dismissals without having to withstand probing judicial review in most circuits....

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