In its second False Claims Act decision of the term, the U.S. Supreme Court in U.S. ex rel. Polansky v. Executive Health Resources Inc. resolved two recurring questions regarding the government's authority to dismiss privately filed qui tam complaints. Litigation & enforcement partners Douglas Hallward-Driemeier, John Bueker and Andrew O’Connor examined the court’s decision in Law360.

Learn more about the firm’s False Claims Act practice and attorneys.

High Court Underscores DOJ’s Role in Policing FCA Litigation
Law360
By Douglas Hallward-Driemeier, John Bueker, and Andrew O’Connor
June 20, 2023

In its second False Claims Act decision of the term, the U.S. Supreme Court in U.S. ex rel. Polansky v. Executive Health Resources Inc. resolved two recurring questions regarding the government's authority to dismiss privately filed qui tam complaints.

The case presented the questions: (1) whether the government retains the authority under Section 3730(c)(2)(A) of the FCA to dismiss a privately filed FCA suit after initially declining to intervene in the action, and (2) what standard a court should apply to a motion by the government seeking to exercise that authority.

An eight-member majority affirmed the government's authority to move to dismiss an FCA action whenever it intervenes — whether during the initial sealing period or later, even after the litigation has progressed into discovery. Affirming the U.S. Court of Appeals for the Third Circuit, Justice Elena Kagan's...

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