The federal government didn’t have to intervene at the outset of a False Claims Act whistleblower’s suit alleging Medicare fraud by Executive Health Resources Inc. in order to properly request dismissal of that suit, it told the US Supreme Court.

The FCA says the Justice Department may move to end a whistleblower’s action that it doesn’t support, over the whistleblower’s objection, by giving notice of the motion and an opportunity for a hearing on it.

According to whistleblower Jesse Polansky, the US Court of Appeals for the Third Circuit wrongly decided that the government could intervene and file a motion ...

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