Whistleblower Hopes Supreme Court Will Curb DOJ Dismissal Power

The US Supreme Court on Tuesday will hear a whistleblower argue that his False Claims Act suit should be revived because the Justice Department—which sought and won dismissal—didn’t intervene in the case in time.

Jesse Polansky, who sued Executive Health Resources Inc. alleging Medicare fraud, says the government lost the right to seek dismissal of his case when it initially declined to get involved.

If the Supreme Court agrees with Polansky that the DOJ can miss its chance to seek dismissal, that will have significant implications for the government, said Debra Schreck, who represents FCA defendants with Arnold & Porter ...