On June 21, 2022, the Supreme Court granted certiorari to resolve a Circuit split on the standard for evaluating the government’s authority to dismiss a qui tam over the relator’s objection. The Supreme Court has agreed to review a decision of the Third Circuit affirming a district court’s grant of the United States’ motion to dismiss a qui tam. As we have previously written, various Circuits have adopted different standards:
- First and D.C. Circuits: The government has broad, “unfettered” authority to dismiss qui tams.
- Third and Seventh Circuits: The government must satisfy Federal Rule of Civil Procedure 41(a)’s standard for voluntary dismissals.
- Ninth Circuit and Tenth Circuits: The government must identify a “valid government purpose” and a “rational relation between dismissal and accomplishment of that purpose.”
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