Bradley partner Ty Howard was quoted in Westlaw Today on his thoughts about the Supreme Court’s recent case disputing federal government authority to dismiss False Claims Act (FCA) lawsuits filed by whistleblowers.
Howard discussed the lawsuit filed in 2012 by a former Executive Health Resources Inc. employee, Dr. Jesse Polansky: “I expect the Supreme Court to reject, on Article II grounds, Polansky’s argument that the government does not have the authority to dismiss an FCA action after the government initially declined to intervene. I think it’s most likely that the Supreme Court will adopt some version of, or something akin to, ration-basis review—a highly deferential standard—for such motions to dismiss.”
The Supreme Court originally declined to intervene on the 2012 case and questioned Polansky’s personal stake in the suit. As Howard suggested, there is no need to intervene, and the Supreme Court will likely adjust the standard for such cases in the future.
The complete article, "SCOTUS considers DOJ’s ability to dismiss FCA qui tam suits,” was published in Westlaw Today on December 8, 2022.