DOJ’s Whistleblower Case Dismissals Spark Calls for Court Action

Courts will likely need to reach a consensus on how the Department of Justice exercises its authority to dismiss whistleblower-driven fraud claims it deems lacking merit, attorneys say.

The department, citing cost savings, has since 2017 moved to dismiss about two dozen False Claims Act cases brought by private parties, called relators, against federal contractors or other parties for alleged fraud against the government. It’s a sharp uptick from dismissals in 2016 and earlier.

Federal judges are divided on how these dismissal requests should be treated. It’s an issue attorneys say will need to be fleshed out soon, especially if ...