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United States, ex rel. Polansky v. Executive Health Resources, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1052 | 3rd Cir. |
Dec 6, 2022 |
Jun 16, 2023 | 8-1 | Kagan | OT 2022 |
Holding: In a qui tam action filed under the False Claims Act, the United States may move to dismiss under 31 U.S.C. § 3730(c)(2)(A) 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 the rule generally governing voluntary dismissal of suits in ordinary civil litigation — Federal Rule of Civil Procedure 41(a).
Judgment: Affirmed, 8-1, in an opinion by Justice Kagan on June 16, 2023. Justice Kavanaugh filed a concurring opinion, in which Justice Barrett joined. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
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- Justices probe government’s authority to dismiss False Claims Act lawsuits (Jacob T. Elberg, December 6, 2022)
- Whistleblower and DOJ spar over balance of power in False Claims Act cases (Jacob T. Elberg, December 3, 2022)
- December argument session will feature divisive cases on election law, First Amendment (Amy Howe, October 18, 2022)
- Justices grant review in cases on Bank Secrecy Act and False Claims Act (Amy Howe, June 21, 2022)
- Vaccine requirements, cancer claims, and circuit splits (John Elwood, June 16, 2022)
- Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case (John Elwood, June 7, 2022)
- Big banks and raisin referenda (Andrew Hamm, February 11, 2022)
| Date | Proceedings and Orders |
|---|---|
| Jan 26 2022 | Petition for a writ of certiorari filed. (Response due March 2, 2022) |
| Feb 11 2022 | Motion to extend the time to file a response from March 2, 2022 to April 1, 2022, submitted to The Clerk. |
| Feb 14 2022 | Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2022. |
| Feb 18 2022 | Motion of respondent Executive Health Resources Inc. to extend the time to file a response from March 2, 2022 to April 1, 2022, submitted to The Clerk. |
| Feb 22 2022 | Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2022, for all respondents. |
| Mar 23 2022 | Motion of the Solicitor General to extend the time to file a response from April 1, 2022 to May 3, 2022, submitted to The Clerk. |
| Mar 23 2022 | Motion of Executive Health Resources, Inc. to extend the time to file a response from April 1, 2022 to May 3, 2022, submitted to The Clerk. |
| Mar 24 2022 | The motions to extend the time to file a response are granted and the time is further extended to and including May 3, 2022, for all respondents. |
| May 03 2022 | Brief of respondent Executive Health Resources, Inc. in opposition filed. |
| May 03 2022 | Brief of respondent United States in opposition filed. |
| May 17 2022 | DISTRIBUTED for Conference of 6/2/2022. |
| May 18 2022 | Reply of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. (Distributed) |
| Jun 06 2022 | DISTRIBUTED for Conference of 6/9/2022. |
| Jun 13 2022 | DISTRIBUTED for Conference of 6/16/2022. |
| Jun 21 2022 | Petition GRANTED. |
| Jul 28 2022 | Blanket Consent filed by Petitioner, United States, ex rel. Jesse Polansky, M.D., M.P.H. |
| Jul 28 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Aug 03 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2022. The time to file respondents' brief on the merits is extended to and including October 17, 2022. |
| Aug 26 2022 | Brief of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. |
| Aug 26 2022 | Joint appendix filed. (Statement of costs filed) |
| Sep 02 2022 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. |
| Sep 02 2022 | Brief amicus curiae of Brutus Trading, LLC filed. |
| Oct 17 2022 | Brief of respondent United States filed. |
| Oct 17 2022 | Brief of respondent Executive Health Resources, Inc. filed. |
| Oct 18 2022 | SET FOR ARGUMENT on Tuesday, December 6, 2022. |
| Oct 21 2022 | Motion for divided argument filed by the Solicitor General. |
| Oct 24 2022 | Brief amicus curiae of Advanced Medical Technology Association filed. |
| Oct 24 2022 | Brief amicus curiae of Washington Legal Foundation filed. |
| Oct 24 2022 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. |
| Oct 24 2022 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Oct 25 2022 | CIRCULATED. |
| Oct 28 2022 | Record requested from the U.S.C.A. 3rd Circuit. |
| Nov 07 2022 | Motion for divided argument filed by the Solicitor General GRANTED. |
| Nov 08 2022 | The record from the U.S.C.A. 3rd Circuit has been electronically filed. |
| Nov 16 2022 | Reply of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. (Distributed) |
| Dec 06 2022 | Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondent United States: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent Executive Health Resources, Inc.: Mark W. Mosier, Washington, D. C. |
| Jan 05 2023 | Record from the U.S.D.C.-Eastern District of Pennsylvania containing sealed materials received and filed electronically. |
| Jun 16 2023 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Barrett, J., joined. Thomas, J., filed a dissenting opinion. |
| Jun 23 2023 | Record returned to the U.S.D.C.-Eastern District of Pennsylvania (thumb drive containing sealed materials). |
| Jul 18 2023 | Judgment issued. |
