The Granston Doctrine?: Memorandum Indicates New Emphasis on Proactive Dismissals of Meritless False Claims Act Cases
The Department of Justice has issued a new internal memorandum directing attorneys to examine several factors and consider the merits of filing a motion to dismiss qui tam actions when the Government declines to intervene. By all indications, this initiative is rooted in DOJ’s desire to limit opportunities for adverse rulings and avoid expending its limited resources on monitoring, and responding to discovery requests in, meritless cases. The memorandum provides meaningful guidance on the arguments and justifications DOJ attorneys should include in motions to dismiss, and could provide new opportunities for proactive defendants across all industries.
