In 2018, the Director of DOJ's Civil Fraud Section, Michael Granston, issued a memo advising U.S. Attorneys to consider dismissing meritless False Claims Act ("FCA") suits instead of simply declining intervention. Since then, DOJ has moved to dismiss 45 qui tam FCA cases. Courts have decided 26 of these motions, dismissing all but one. This session discussed the Granston Memo and the factors DOJ considers when deciding whether to dismiss declined qui tam cases; the circuit split on the standard of review for motions to dismiss, and the reasons courts have provided in granting such motions. It also covered best practices and tips for relators and defendants in qui tam cases, where the Granston factors are implicated.
Sean McKenna, Spencer Fane, LLP
Leah Huyser, Fredrikson & Byron, P.A.
Neil Issar, Haynes and Boone, LLP