News & Analysis as of

FRCP 41 Dismissals

Cooley LLP

US Supreme Court to Review Department of Justice Dismissal Authority

Cooley LLP on

On June 21, 2022, the Supreme Court agreed to review a US Court of Appeals for the Third Circuit decision holding that the federal government’s ability to dismiss False Claims Act (FCA) lawsuits is controlled by Federal Rule...more

Mintz - Health Care Viewpoints

Seventh Circuit Adds to Circuit Split Over Standard for DOJ Dismissals in FCA Cases

The Seventh Circuit Court of Appeals recently decided a case that created a new standard to assess requests by the Department of Justice (DOJ) to dismiss declined qui tam (whistleblower) suits under the False Claims Act...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lomax v. Ortiz-Marquez

On June 8, 2020, the Supreme Court decided Lomax v. Ortiz-Marquez, No. 18-8369, holding that the Prison Litigation Reform Act of 1995 (PLRA) prevents a prisoner who has had at least three lawsuits dismissed because they were...more

Amundsen Davis LLC

Dismissal For Failure To Prosecute Creates A Trap For Lender

Amundsen Davis LLC on

Both the Federal Rules of Civil Procedure and the Indiana Trial Rules contain a provision which permits a court to dismiss an action for failure to prosecute the action or failure to abide by court orders. When a party files...more

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