Are You in the Healthcare Field?

Find Out How We Can Help »
[et_social_follow icon_style="slide" icon_shape="rectangle" icons_location="top" col_number="1" outer_color="dark"]
Millions Recovered For Our Clients No Fees Unless We Win

DOJ Ruling on Dismissal of Qui Tam Cases

March 28th, 2018

Montgomery County qui tam lawyers represent whistleblowers and discusses the DOJ ruling on dismissal of qui tam cases.In January 2018, the United States Department of Justice (DOJ) made a change to how it elects to dismiss qui tam lawsuits in which the federal government does not intervene. A qui tam lawsuit, often known as a whistleblower suit, is a claim where a private party claims that another individual or a company violated the law or a government regulation during their contract with the government. When an individual files a qui tam lawsuit, they and the government are the plaintiffs in the case who can recover compensation for damages in the event of a favorable ruling.

The government does not intervene in every qui tam lawsuit that whistleblowers file. According to the new DOJ memo, the number of qui tam claims filed under the False Claims Act has increased in recent years while the number of cases in which the government intervened has remained about the same. The policy change provides a new list of factors for DOJ attorneys to consider when determining whether to seek a dismissal of a lawsuit, because in some cases, dismissing a qui tam lawsuit serves the government’s interests better than pursuing it.

The False Claims Act and Qui Tam Lawsuits

The False Claims Act was passed in 1863 after contractors who supplied the Union Army were found to have supplied sick horses, faulty rifles, and spoiled provisions. This law provided the framework for private citizens to file lawsuits on behalf of the government for legal violations and recover a percentage of the government’s recovery in these cases.

New Factors to Consider Before Dismissing a Qui Tam Lawsuit

The following are factors DOJ attorneys may now consider to determine if pursuing a qui tam lawsuit is in the government’s best interest.

  • When evidence to support the claim is lacking or the relator’s claim is otherwise frivolous, the claim may be dismissed.
  • If the government is already in the process of investigating a claim, a new qui tam lawsuit that deals with the same allegation may be dismissed if it provides no useful information to the existing investigation.
  • When a lawsuit interferes with an agency’s policies or programs, it may be dismissed.
  • Qui tam claims that could have a negative impact on the government’s litigation prerogatives may be dismissed.
  • DOJ attorneys may dismiss lawsuits that could potentially lower national security or expose classified information.
  • DOJ attorneys may consider whether the potential outcome of a qui tam lawsuit is worth its cost to the government when deciding whether to dismiss it.
  • If the government cannot conduct a proper investigation of a claim, it may be dismissed.

Montgomery County Qui Tam Lawyers at Sidney L. Gold & Associates, P.C. Represent Whistleblowers

If you are considering acting as a whistleblower, work with an experienced Montgomery County qui tam lawyer to ensure that your rights are protected. Fill out our online form or call 215-569-1999 today to schedule your initial consultation with Sidney L. Gold & Associates, P.C. We are in Philadelphia, Pennsylvania, and we serve clients from the surrounding areas.

EMPLOYMENT LAW PRACTICE AREAS
View All Practices
Sidney L. Gold SuperLawyer 16 years
Top Rated Lawyers Legal Leaders
ASLA 2019 badge
ATA Lifetime
BBB Rating
Best Lawyers Award Badge
Best Lawyers Award Badge
Institute Visionary Circle Badge
Best Employment lawyers in Philadelphia
2019 American Trail Lawyers badge
Lead Counsel Rated
life time achievement
million dollar advocates badge
AV Peer Review Rated
Philly Happening
Top one badge
Silver Client Champion Award 2020
super lawyers badge
Bar Register 2021
Bar Register 2021 Seal
Elite Lawyer Badge
NAOATTY 2021 Distinguished Member Badge
MH Preeminent
Sid Gold Judicial Edition 2022
Sid Gold 2022-Bar Register Preeminent Lawyers
Sid Gold Client Champion 2022

As Seen On

avvo lawyers.com Martindale Justia FindLaw
© 2022 Sidney L. Gold and Associates, P.C. All rights reserved. [ Site Map | Privacy Policy ]

Attorney Advertising Materials. Sidney L. Gold is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Website Accessibility: Sidney L. Gold & Associates P.C. is committed to ensuring digital accessibility for people with disabilities. We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers, Bar Register Preeminent Lawyer, Happening List Winner, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy, Best Lawyers, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 and Martindale Hubbell Client Champion Silver. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.