It should come as no surprise to constitutionalists, practitioners under the Federal False Claims Act (31 U.S.C. §§3729–3733) (FCA), and auditors of the oral argument in the case that the Supreme Court has held that the federal government may move to dismiss an FCA action under §3730(c)(2)(A) whenever it has intervened—whether during the seal period or later on. United States ex rel. Polansky v. Executive Health Resources, Inc. To assert this right, the government must actually intervene (which is not difficult since the statute allows it at any time before final judgment, even on appeal), and the propriety of dismissal is to be adjudicated pursuant to Fed. R. Civ. P. 41(a), the rule generally governing voluntary dismissal of suits in ordinary civil litigation, and dismissal should be granted in all but the most extraordinary cases.
Recent Updates
- The Blue Tsunami: Weathering Congressional Investigations Poised to Dominate the Remainder of Trump’s Term
- AI Standing Orders in Ohio Federal Courts: Scope and Proof of Violations
- The Courthouse Banned Your AI Glasses: What New York’s Smart Glasses Rule Means for Litigants and Counsel
- Fall 2026 SCOTUS Preview: Cases to Watch
- Same Trade Secret Dispute, Different Injunction Standards: PCC Airfoils v. Daugherty, et al., and Forum Choice in Ohio