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Supreme Court Affirms Government s Broad Dismissal Authority in False Claims Act Suits | K&L Gates LLP

On 16 June 2023, the United States Supreme Court issued a decision in the case of United States ex rel. Polansky v. Executive Health Resources1, holding that the federal government.

Government Maintains Authority To Dismiss FCA

Government Maintains Authority To Dismiss FCA
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Dismissal of FCA Actions Due to Government Intervention

The government maintains the power to intervene and move to dismiss a qui tam suit regardless of whether it initially declines to pursue the action. Once the government intervenes, Federal Rule 41 a provides the standard of review for a motion to dismiss.

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