A Skeptical Bench Hears Arguments On The Government’s Right To Dismiss Qui Tam Claims Under The False Claims Act

On December 6, 2022, the U.S. Supreme Court heard oral arguments in the case of United States ex rel. Polansky v. Executive Health Resources, Inc. The dispute, previously covered here, centers on whether the government retains the right to dismiss a relator’s qui tam action under the False Claims Act (FCA) after initially declining to intervene. The petitioner, a whistleblower (also known as a relator) alleged in the district court that the defendant, Executive Health Resources, submitted billions of dollars in false claims. The government initially declined to intervene in the case, and the Relator spent years and millions of dollars litigating the case.