By

Robert Michael Smith

18 February 2019

Court Affirms Government’s Unfettered Right to Dismiss a Qui Tam Action

When the government moves to dismiss a qui tam action, it must satisfy two procedural requirements: it must first notify the relator that the government has filed a motion to dismiss, and second, it must provide the relator an opportunity for a hearing on the motion.  31 U.S.C. § 3730(c)(2)(A).  In the year since the issuance of the Granston Memo, which we have written about, here, here, here, and here, both relators and courts have grappled with the breadth of the government’s discretion to dismiss qui tam actions.

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