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July 14, 2022

Questions to Consider in High Court FCA Dismissals Case

By Christina Lehm

Law 360

Following the U.S. Supreme Court granting certiorari review of the involuntary dismissal of a relator’s whistleblower action, where the government had initially declined to intervene, but years later dismissed the action, Christina Lehm, Florida-based partner at Nelson Mullins, had an article published in Law360 discussing the case of Polansky v. Executive Health Resources, Inc., where the court will attempt to answer the question of whether the government retains the authority to dismiss and what standard they must meet.

“The case presents two questions: whether the government has authority to dismiss a FCA suit after initially declining to proceed with the action, and if the government has that authority, what standard applies to review the decision to dismiss,” she wrote.