SCOTUS Appears Open to Backing DOJ Power to End Fraud Suits (1)

US Supreme Court justices during oral arguments Tuesday seemed receptive to supporting the Justice Department’s ability to win dismissal of False Claims Act suits—filed by whistleblowers on the government’s behalf—that DOJ finds meritless or wasteful.

Whistleblower Jesse Polansky says his suit against Executive Health Resources Inc. should be reinstated because the government failed to properly intervene in the case before it moved for dismissal, which a court granted.

Polansky’s counsel, Daniel L. Geyser of Haynes and Boone LLP, asserted that the FCA’s text clearly provides that the government can proceed with the case or decline, but if it declines, the ...