here.
The Supreme Court’s sprint to the end of the term continues. The court granted last week’s one new relist, Wilkins v. United States. Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. It seems like the odds are good that the court will conclude that the provision is instead a claims-processing rule and thus both waivable and subject to a variety of defenses.
This week’s conference marks the second of the court’s last four scheduled conferences. We have four new relists this week.
First up is United States ex rel. Polansky v. Executive Health Resources, Inc. The False Claims Act allows private parties, known as relators, to sue in the name of the United States defendants who allegedly have submitted false or fraudulent claims to the government, and they’re permitted to recover a share of any sums they win for the federal government. The FCA gives the government a fair amount of ability to control the litigation. To begin with, the statute requires that the lawsuit be retained under seal while the government investigates the allegations. Then the government can intervene if it wishes and take the lead in litigating the case; or it can decline to intervene and let the relator litigate the case. Polansky concerns whether the government can dismiss such actions after declining to litigate them — and if so, what showing the government has to make to be able to persuade the district...
PM Benjamin Netanyahu and Foreign Minister Gideon Sa'ar instructed officials to prepare a defamation lawsuit against "one of the most hideous and distorted lies ever published" on Israel. Israel wi...