News & Analysis as of

Frivolous Lawsuits Dismissals

Bennett Jones LLP

“Utter Waste of Time”: Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7

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Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” (CPN 7), is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule...more

Faegre Drinker Biddle & Reath LLP

The Ship Has Sailed on Plaintiffs’ Efforts to Recover for Mere Fear of Contracting COVID-19

On February 21, 2020, the cruise ship Grand Princess embarked from San Francisco, headed to Hawaii. Among the ship’s 3,533 passengers and crew were 62 people who had been exposed to COVID-19 on the ship’s immediate prior trip...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

Mitchell, Williams, Selig, Gates & Woodyard,...

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more

Mintz - Health Care Viewpoints

Third Circuit Says the FCA Does Not Guarantee A Hearing When DOJ Seeks to Dismiss Declined FCA Cases

The Court of Appeals for the Third Circuit recently weighed in on a relator’s right to a hearing where the government moves to dismiss a declined qui tam case, holding that the False Claims Act (FCA) does not guarantee a...more

McDermott Will & Emery

Unique Procedural Posture Leads to No Sanctions in Frivolous Appeal

Reaffirming that the plaintiff in a patent case has the burden of establishing that venue is proper, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal. The Court ultimately denied the...more

Carlton Fields

Preserving Premature Rulings

Carlton Fields on

The jury was still deliberating over the personal injury case in Showan v. Pressdee, No. 1:16-cv-00468-ODE (N.D. Ga.), when the senior U.S. district judge decided to “get the ball rolling” on an expected motion for damages...more

Sheppard Mullin Richter & Hampton LLP

Upswing in DOJ Qui Tam Dismissals

The Department of Justice (DOJ) appears to be taking to heart the policy articulated in what has come to be called the Granston Memo, as it has recently sought dismissal of 11 False Claims Act (FCA) cases in various federal...more

K&L Gates LLP

K&L Gates Triage: Internal & External Health Care Investigations Part 3

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In Part 3 of our series on health care investigations, Mark Rush and John Lawrence discuss the process for external investigations conducted by federal and state governmental agencies, including in the context of qui tam...more

Holland & Knight LLP

Granston Memo in Action: DOJ Successfully Exercises Authority to Dismiss Meritless Qui Tam

Holland & Knight LLP on

A recent dismissal of a qui tam action demonstrates there exists an affirmative approach for disposing of wasteful and meritless non-intervened qui tam claims without the time and expense of protracted litigation with...more

Genova Burns LLC

#MeToo Movement Insufficient to Revive Dismissed Case

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The U.S. District Court for the District of New Jersey denied an employee’s request to reopen her case based on alleged changed attitudes “post-Weinstein.” The Court also denied the employer’s request for sanctions but...more

Steptoe & Johnson PLLC

The Best Defense is a Good Offense When it Comes to the Medical Professional Liability Act

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A recent decision by the W. Va. Supreme Court of Appeals confirms the importance of pre-suit notice and the viability of a motion to dismiss in challenging claimants’ actions arising under the Medical Professional Liability...more

Holland & Knight LLP

Self-Disclosure and the FCA Statute of Limitations

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Most practitioners are aware that the statute of limitations under the False Claims Act (FCA) is six years after the date on which the violation is committed. 31 U.S.C. § 3731(b)(1). That is, unless the FCA’s tolling...more

Dorsey & Whitney LLP

In One Decision, The Eleventh Circuit Creates Two Circuit Splits

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Rejecting the views of the Fourth and Tenth Circuits, the Eleventh Circuit held the FCA’s three year statute of limitations period in § 3731(b)(2) applies to a relator’s claim even when the United States declines to...more

K&L Gates LLP

Granston Guidance: Leaked Memorandum Encourages DOJ Attorneys to Seek Dismissal of Meritless FCA Qui Tam Suits

K&L Gates LLP on

A recently leaked U.S. Department of Justice (“DOJ”) memorandum asks government attorneys to consider seeking the outright dismissal of “meritless” qui tam actions filed under the False Claims Act (“FCA”). The eight-page...more

Saul Ewing LLP

The DOJ’s “Granston Memo,” and Its Implications for Future Dismissals of False Claims Act Cases

Saul Ewing LLP on

The recent leak of an internal U.S. Department of Justice (DOJ or Department) memorandum setting forth considerations for dismissal of civil cases brought under the False Claims Act (FCA) offers helpful guidance not only to...more

Akin Gump Strauss Hauer & Feld LLP

False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment

• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...more

Akin Gump Strauss Hauer & Feld LLP

Department of Justice Memorandum Provides Guidance for Evaluating Dismissal of Qui Tam FCA Cases

• Department of Justice (DOJ) has released a memorandum detailing seven nonexhaustive factors to be considered by its attorneys in making the important determination of whether to dismiss False Claims Act (FCA) qui tam...more

Jones Day

New DOJ Guidance May Signal Greater Willingness to Dismiss Qui Tam Cases

Jones Day on

Although historically reluctant to seek dismissal of qui tam actions filed under the False Claims Act ("FCA"), the Department of Justice ("DOJ") recently issued an eight-page memorandum providing guidance to DOJ attorneys...more

Cozen O'Connor

Two New Department of Justice Memoranda Strengthen False Claims Act Qui Tam Action Defenses

Cozen O'Connor on

The Department of Justice (DOJ) has recently issued two new memoranda that reflect a sea change in DOJ’s intervention in and enforcement of False Claims Act (FCA) claims. ..On January 25, 2018, the Associate Attorney...more

Morrison & Foerster LLP - Government...

DOJ Takes On Meritless Qui Tam Actions

A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to...more

Morgan Lewis

DOJ Memorandum Supports Government Dismissal of Qui Tam False Claims Act Cases

Morgan Lewis on

In a recent memorandum, the US Department of Justice provided guidance to its attorneys on when they should seek dismissal of False Claims Act cases filed by relators. This appears to be the first directive advising DOJ...more

Holland & Knight LLP

Will DOJ Dismiss More Meritless Qui Tam Actions?

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Is the U.S. Department of Justice (DOJ) going to dismiss more meritless qui tam actions brought under the False Claims Act (FCA)? At a conference on Oct. 30, 2017, Michael Granston, the Director of DOJ's Civil Fraud Section,...more

Jones Day

DOJ Should Dismiss Meritless False Claims Act Qui Tam Relator Claims

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The Situation: Despite recently acknowledging the significant burden imposed by frivolous False Claims Act claims and affirming its statutory grant of power to dismiss meritless claims brought by relators, DOJ has maintained...more

Ruder Ware

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

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