George B. Breen, Member of the Firm in the Health Care & Life Sciences and Litigation practices and Chair of the firm’s National Health Care & Life Sciences Practice Steering Committee, in the firm’s Washington, DC, office, offers a prediction of what is to come as the U.S. Supreme Court hears oral arguments in a case disputing whether the federal government has the authority to unilaterally dismiss False Claims Act lawsuits filed by whistleblowers.

Following is an excerpt:

“We expect the [Supreme] Court, consistent with the language of the statute and in light of the fact that the underlying claim is one that belongs to the government, not the relator, to find that the government has the right, even post-declination, to seek dismissal. The court will not hold that there is any extraordinary standard that the government must satisfy in order to seek dismissal of a case post-declination.”

For more information, please read “SCOTUS Considers DOJ's Ability to Dismiss FCA Qui Tam Suits,” by Katie Pasek, Reuters Westlaw.

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