United States ex rel. Polansky v. Executive Health Resources, Inc.
2023 United States Supreme Court case
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United States ex rel. Polansky v. Executive Health Resources, Inc., 599 U.S. 419 (2023), was a United States Supreme Court case in which the Court held that in a qui tam action filed under the False Claims Act, the United States may move to dismiss whenever it has intervened – whether during the seal period or later on. In assessing a motion to dismiss an FCA action over a relator's objection, district courts should apply Federal Rule of Civil Procedure 41(a), the rule generally governing voluntary dismissal of suits in ordinary civil litigation.[1][2]
Full case nameUnited States ex rel. Polansky v. Executive Health Resources, Inc.
Docket no.21-1052
MajorityKagan, joined by Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson
| United States ex rel. Polansky v. Executive Health Resources, Inc. | |
|---|---|
 | |
| Argued December 6, 2022 Decided June 16, 2023 | |
| Full case name | United States ex rel. Polansky v. Executive Health Resources, Inc. |
| Docket no. | 21-1052 |
| Citations | 599 U.S. 419 (more) |
| Holding | |
| In a qui tam action filed under the False Claims Act, the United States may move to dismiss whenever it has intervened — whether during the seal period or later on. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kagan, joined by Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson |
| Concurrence | Kavanaugh, joined by Barrett |
| Dissent | Thomas |
| Laws applied | |
| False Claims Act | |
