On June 16, 2023, the Supreme Court issued a decision in United States ex rel. Polansky v. Executive Health Resources, Inc., giving the United States government broad power to dismiss qui tam FCA lawsuits even when it has initially declined to intervene. We have been tracking this matter in our FCA Newsletter and our Government Contracts Insights as it raised important questions about the government’s power to dismiss such a suit. First, the Court held that the government may move to dismiss whenever, but only after it has intervened in the case. Second, the Court clarified that a court applies Federal Rule of Civil Procedure 41(a) to judge a motion to dismiss. Under this rule, the government will succeed in “all but the most exceptional cases.”
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