The US Supreme Court recently affirmed the dismissal of a whistleblower suit that accused Executive Health Resources Inc. of violating the False Claims Act (FCA) by improperly billing Medicare. The court ruled in an 8-1 decision that the Justice Department (DOJ) had the authority to seek dismissal of an FCA action even over the whistleblower’s objection, as long as the government had intervened in the litigation at some point.
The case revolved around whistleblower Jesse Polansky, who argued that the appeals court erred in backing the DOJ because the government failed to properly intervene before moving for dismissal. However, the Supreme Court concluded that the government’s intervention at any stage of the litigation, whether at the outset or later, permitted it to seek dismissal. Justice Elana Kagan, writing for the majority, emphasized that district courts should apply the general rule governing voluntary dismissal of suits, as outlined in Federal Rule of Civil Procedure 41(a).
Joining Justice Kagan in the majority opinion were Chief Justice John G. Roberts Jr., Justice Samuel A. Alito, Justice Sonia Sotomayor, Justice Neil M. Gorsuch, Justice Brett M. Kavanaugh, Justice Amy Coney Barrett, and Justice Ketanji Brown Jackson. Justice Kavanaugh filed a concurring opinion, which Justice Barrett joined. However, Justice Clarence Thomas dissented, expressing concerns about the constitutionality of the FCA’s whistleblower provisions.
Legal experts have weighed in on the...
A La Habra-based provider of positron emission tomography scan services has agreed to pay more than $8.3 million to resolve allegations it violated the False Claims Act by offering improper payment...