Supreme Court Backs Dismissal of Whistleblower’s Fraud Suit (1)

The US Supreme Court affirmed Friday that the Justice Department properly sought and won dismissal of a whistleblower suit accusing Executive Health Resources Inc. of violating the False Claims Act by improperly billing Medicare.

Whistleblower Jesse Polansky argued that an appeals court mistakenly backed the DOJ because the government failed to properly intervene in the case before it moved for dismissal.

Under the FCA, the DOJ may move to end a whistleblower suit, even over the whistleblower’s objection, by giving notice of a motion to dismiss and after an opportunity for a hearing on the motion.

The Supreme Court ...