DOJ Revises Justice Manual Section on Dismissal of Qui Tam Actions Under the FCA

By Eric A. Boden and Shipra K. Rege

On September 18, 2026, the Department of Justice announced revisions to the Justice Manual that strengthen the framework for dismissing qui tam actions filed under the False Claims Act that do not serve the interests of the United States. The revised Justice Manual now instructs government attorneys to evaluate whether the government should seek dismissal under 31 U.S.C. § 3730(c)(2)(A) in every qui tam case and empowers attorneys to engage in an ongoing assessment as litigation progresses. This development—which is especially significant for defendants in FCA qui tam litigation—signals a more proactive government posture toward seeking dismissal of meritless or burdensome qui tam cases.

Read the full Alert on the Duane Morris LLP website.

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