Encouraging Signs That DOJ May Finally Be Using Its Dismissal Authority

For several years now, the United States Department of Justice ("DOJ") has indicated an increased desire to exercise its dismissal authority over qui tam actions, even over the objections of relators who initially brought the claims. However, the slight uptick in such dismissals was seemingly stunted while United States ex rel. Polansky v. Exec. Health Res., Inc., 599 U.S. 419 (2023) (which involved the scope of the government's authority to dismiss False Claims Act ("FCA") qui tam actions) made its way to the United States Supreme Court ("SCOTUS").

Now, however, following SCOTUS' Polansky Opinion empowering DOJ to dismiss these claims, DOJ seems to be flexing this muscle once again. To that end, the government has moved to intervene and dismiss a qui tam action against Northstar Wireless, L.L.C., and related defendants. United States ex rel. Vermont National Telephone Co. v. Northstar Wireless, L.L.C. et al., Case No. 15-00728 (D.D.C. Mar. 8, 2024) (Dkt. 189).