Supreme Court Increasingly Wading Into False Claims Act's Morass

In Short

The Situation: The federal False Claims Act ("FCA") allows the United States to dismiss the action if the qui tam relator "has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion." Because FCA claims are brought in the name of the United States, the government seeks to retain discretion to intervene and dismiss the action at the outset of an FCA suit or at any time afterwards.

The Result: In U.S. ex rel. Polansky v. Executive Health Resources, Inc., the Supreme Court heard an argument regarding whether § 3730(c)(2)(A) requires the hearing to occur before a trial court, and what standard applies to the request for dismissal of a relator's FCA suit.