SCOTUS Affirms the DOJ’s Power to Dismiss False Claims Act Actions

Back to All Thought Leadership

On Friday June 16, 2023, the Supreme Court of the United States in an 8-1 decision affirmed the Third Circuits decision in Polansky v. Executive Health Resources, Inc.[1] and resolved a circuit split in a long-awaited decision.

The Supreme Court resolved two questions: (1) whether the government has authority to dismiss a False Claims Act (FCA) suit over a relator’s objection after initially declining to intervene in the action, and if so, (2) what standard applies to review the decision to dismiss.

The Supreme Court decided that the Government maintains its right to… Read more

Sign In

[login_form] Lost Password