Lexology July 5, 2023
On 16 June 2023, the United States Supreme Court issued a decision in the case of United States ex rel. Polansky v. Executive Health Resources, holding that the federal government (Government) maintains the authority to dismiss a federal False Claims Act (FCA) action over a relator’s objection so long as the Government first intervenes in the action. The court also held that in assessing the Government’s motion to dismiss a relator’s FCA action, district courts should apply the rule governing voluntary dismissal of suits in ordinary civil litigation. This decision, in giving the Government broad discretion to dismiss a qui tam action, may affect the Government’s decision on when to intervene in an action. Additionally, the decision reinforces FCA defendants’...
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