Alerts6.28.22
U.S. Supreme Court to Determine Authority, Review Standard for Government Dismissals of False Claims Act Qui Tam Actions
Highlights
U.S. Supreme Court set to decide the standard dictating the government’s ability to dismiss qui tam actions it previously declined to pursue
Decision contemplates a four-way Circuit split articulating varying standards for government dismissal
The outcome of the Polansky case will undoubtedly affect government interventions and government-initiated motions to dismiss moving forward
Last week, the U.S. Supreme Court granted a whistleblower’s (otherwise known as a relator) request for review in U.S. ex rel. Polansky v. Executive Health Resources, Inc. – asking the Court to weigh in on an ongoing Circuit split regarding the government’s authority to dismiss False Claims Act litigation after initially declining to intervene.
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