[co-author: Jesse Suh]
In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come.
Below are the articles in our latest guide:
2023 was an active year for FCA jurisprudence. The Supreme Court settled two important questions that have long divided the lower courts. Read more…
The Department of Justice’s (DOJ) dismissal authority: Supreme Court resolves circuit split in standard, but DOJ seems unlikely to pick more fights with relators.
On June 16, 2023, the Supreme Court issued its second opinion on the False Claims Act (the FCA or the Act) for the 2022 term of the Court. In United States ex rel. Polansky v. Executive Health Resources, Inc., the Supreme Court answered two questions about the government’s power to dismiss a qui tam action under subsection 3730(c)(2)(A) of the Act. First, it held that the government may dismiss after it has intervened in the case – regardless of whether it intervenes during the initial seal period or later upon a showing of good cause after initially declining to take over the action. Second, the Court clarified that, when evaluating a government motion to dismiss, district courts should apply the standards governing voluntary dismissal of suits in ordinary civil litigation –...
The Hindu reported on Saturday that the Tribal Council in Nicobar islands has written a fresh letter to the Tribal Affairs Minister Jual Oram about the island administration’s claims of settling t...