U.S. Supreme Court Says Government Can Dismiss Whistleblower Lawsuits
Elizabeth E. Hogue, Esq.
Whistleblowers have brought many qui tam law suits against providers based on the False Claims Act. Enforcers love them! Now the U.S. Supreme Court has decided, in United States ex rel. Polansky v. Executive Health Resources [No. 21-1052 (U.S. June 16, 2023)], that the Government may dismiss such suits over the objections of persons or relators who filed them. This case is important to providers because it may make it more difficult for whistleblowers to continue their qui tam lawsuits.
The False Claims Act authorizes private parties, known as relators, to sue on the Government’s behalf. These suits, so-called qui tam actions or whistleblower suits, are brought in the name of the Government. If suits lead to recoveries, relators may receive up to thirty percent of monies recovered.
