DOJ Can Dismiss Whistleblower Suits Under FCA, Supreme Court Affirms

The Supreme Court has affirmed that the Department of Justice (DOJ) can dismiss a whistleblower suit under the False Claims Act (FCA) if it believes the case is without merit. This decision allows the DOJ to evaluate the merits of a case based on its standards versus the whistleblower's standards.

Under the FCA, the DOJ may move to end a whistleblower suit, even over the whistleblower’s objection, by giving notice of a motion to dismiss and after an opportunity for a hearing on the motion. The Supreme Court's decision now makes it clear that the DOJ has the authority to do so.

It's important to note that the DOJ must still provide a valid reason for dismissing a whistleblower suit. The DOJ cannot simply dismiss a case because it disagrees with the whistleblower's assessment of the evidence.

Overall, this decision provides clarity on the DOJ's authority when it comes to dismissing whistleblower suits under the FCA. While it may be seen as a setback for some plaintiffs, it ultimately allows the DOJ to focus on cases it believes have merit and avoid potentially frivolous litigation.