Programming

November 30, 2022 | 1 - 2 pm

Recorded Briefing—U.S. ex rel. Polansky v. Exec. Health Resources: A Supreme Court Oral Argument Preview

Panelists:

Jay B. Stephens
Chairman of the Legal Policy Advisory Board
Joshua J. Fougere
Stephen A. Wood
Download the PDF

**Due to an error during video encoding, a video recording is not available for this event. If you would like to listen to an audio recording, please email glammi@wlf.org. **

Panelists:
Jay B. Stephens, Kirkland & Ellis LLP and former Senior Vice President, General Counsel, and Corporate Secretary, Raytheon Company
Joshua J. Fougere, Sidley Austin LLP
Stephen A. Wood, Chuhak & Tecson, P.C.

Description:
On December 6, the justices will hear oral arguments on whether and under what circumstances the U.S. government can, after declining to take direct control of the case, dismiss a False Claims Act lawsuit filed on its behalf by a private plaintiff. Our panelists will preview the arguments in a case that has major implications for federal fraud prevention and the thousands of businesses that contract with the government.

Related Cases

June 16, 2023

U.S. ex rel. Polansky v. Executive Health Resources

On June 16, 2023, the Supreme Court affirmed a Third Circuit decision that confirms the government’s right to dismiss a qui tam suit under the False Claims Act (FCA). The case asked the Court to interpret the FCA to mean that the Executive Branch has no authority to dismiss an...

Related Content

Press Releases

October 24, 2022

WLF Urges Supreme Court to Affirm Government’s Authority to Dismiss Qui Tam Suits

Case: U.S. ex rel. Polansky v. Executive Health Resources

“The Constitution precludes transferring the Executive’s prosecutorial power to qui tam relators while cutting off the Executive’s right to control the litigation.”—Cory L. Andrews, WLF General Counsel & Vice President of Litigation Click HERE for WLF's brief. (Washington, DC)—Washington Legal Foundation (WLF) today urged the U.S. Supreme Court to affirm a decision...

WLF Legal Pulse

April 22, 2019

Does DOJ’s Qui Tam Dismissal Policy Go Far Enough?

Stephen A. Wood, Chuhak & Tecson, P.C. Click HERE to download a printer-friendly PDF. The False Claims Act confers upon the U.S. Department of Justice the express authority to seek dismissal of cases brought under the qui tam provisions of the Act.  Historically, the Department has exercised its dismissal prerogative...

Working Papers

February 2, 2018

Constitutional Challenges to the FCA’s Qui Tam Mechanism: Ripe for a Revival?

By John T. Boese, Of Counsel, and Douglas W. Baruch, a Partner, with Fried, Frank, Harris, Shriver & Jacobson LLP in the firm’s Washington, D.C. office.