The False Claim Act (FCA) is seeing quite a bit of action at the Supreme Court this term, with multiple cases under consideration. This is the first installment in PilieroMazza’s blog series on the “The FCA at the Supreme Court” where we will examine active cases, comment on decisions once they are issued, and discuss ways defendants can protect themselves in FCA litigation.
On December 6, 2022, the Supreme Court heard arguments in United States ex rel. Polansky v. Executive Health Resources, Inc., a case with potential impacts on the level of government involvement in FCA cases. The issue for the Court is whether the government has broad, unfettered authority to dismiss an FCA suit brought by a qui tam relator after initially declining to intervene. This case pits the relator and the government against each other. Although it is presently unclear how the Court will rule, the upcoming Executive Health decision could reinforce the omnipresence of government authority in FCA cases, leaving relators on potentially unstable ground and presenting FCA defendants with alternative strategies for defense.
Background
Petitioner-Relator Dr. Jesse Polansky is a former consultant for Executive Health, a company responsible for submitting Medicare claims to the government on behalf of healthcare providers. Polansky filed a qui tam action under the FCA against Executive Health in 2012, with the case being described as having “billion-dollar stakes.” The government investigated and...
Washington, April 27 Prominent television hosts and journalists have pushed back against online claims that the White House ... Washington, April 27 Prominent television hosts and journalists have ...