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On June 16, 2023, in United States ex rel. Polansky v. Executive Health Resources, Inc., the U.S. Supreme Court resolved a circuit split in favor of a broad interpretation of the federal government’s ability to dismiss False Claims Act (FCA) actions over a relator’s objection. In affirming the Third Circuit’s 2021 decision, the Supreme Court found that the federal government can exercise its authority to dismiss an FCA case so long as it intervened in the case at some point in the litigation. The Court also clarified that the rule for voluntary dismissal of ordinary actions, Federal Rule of Civil Procedure 41(a), governs the dismissal standard for FCA actions.
