Justices to Clarify DOJ Power to End Whistleblower Suits (1)

The US Supreme Court said Tuesday that it will review whether a False Claims Act whistleblower’s suit alleging that Executive Health Resources Inc. defrauded Medicare by falsely designating patient admissions should have proceeded despite the Justice Department’s opposition.

Jesse Polansky asserted that the US Court of Appeals for the Third Circuit erred by backing the dismissal even though the government didn’t intervene in his case before moving to dismiss it.

The government lacks any FCA dismissal authority after initially declining to intervene in a whistleblower’s case, Polansky said in his petition.

The FCA says the DOJ may move to ...