The Seventh Circuit has created a third standard for evaluating motions to dismiss pursuant to the government’s FCA dismissal authority.
The US Court of Appeals for the Seventh Circuit’s August 17, 2020, opinion in United States ex rel. CIMZNHCA, LLC v. UCB, Inc. (CIMZNHCA) outlines a new standard for evaluating government motions to dismiss False Claims Act (FCA) cases over relator objections. This case is one of several in which the US Department of Justice (DOJ) has moved to dismiss qui tam actions since the issuance of the so-called Granston Memo in January 2018.
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