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.
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| Date | Proceedings and Orders |
|---|---|
| 01/26/2022 | Petition for a writ of certiorari filed. (Response due March 2, 2022) |
| 02/11/2022 | Motion to extend the time to file a response from March 2, 2022 to April 1, 2022, submitted to The Clerk. |
| 02/14/2022 | Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2022. |
| 02/18/2022 | 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. |
| 02/22/2022 | 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. |
| 03/23/2022 | 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. |
| 03/23/2022 | 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. |
| 03/24/2022 | 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. |
| 05/03/2022 | Brief of respondent Executive Health Resources, Inc. in opposition filed. |
| 05/03/2022 | Brief of respondent United States in opposition filed. |
| 05/17/2022 | DISTRIBUTED for Conference of 6/2/2022. |
| 05/18/2022 | Reply of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. (Distributed) |
| 06/06/2022 | DISTRIBUTED for Conference of 6/9/2022. |
| 06/13/2022 | DISTRIBUTED for Conference of 6/16/2022. |
| 06/21/2022 | Petition GRANTED. |
| 07/28/2022 | Blanket Consent filed by Petitioner, United States, ex rel. Jesse Polansky, M.D., M.P.H. |
| 07/28/2022 | Motion for an extension of time to file the briefs on the merits filed. |
| 08/03/2022 | 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. |
| 08/26/2022 | Brief of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. |
| 08/26/2022 | Joint appendix filed. (Statement of costs filed) |
| 09/02/2022 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. |
| 09/02/2022 | Brief amicus curiae of Brutus Trading, LLC filed. |
| 10/17/2022 | Brief of respondent United States filed. |
| 10/17/2022 | Brief of respondent Executive Health Resources, Inc. filed. |
| 10/18/2022 | SET FOR ARGUMENT on Tuesday, December 6, 2022. |
| 10/21/2022 | Motion for divided argument filed by the Solicitor General. |
| 10/24/2022 | Brief amicus curiae of Advanced Medical Technology Association filed. |
| 10/24/2022 | Brief amicus curiae of Washington Legal Foundation filed. |
| 10/24/2022 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. |
| 10/24/2022 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 10/25/2022 | CIRCULATED. |
| 10/28/2022 | Record requested from the U.S.C.A. 3rd Circuit. |
| 11/07/2022 | Motion for divided argument filed by the Solicitor General GRANTED. |
| 11/08/2022 | The record from the U.S.C.A. 3rd Circuit has been electronically filed. |
| 11/16/2022 | Reply of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. (Distributed) |
| 12/06/2022 | 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. |
| 01/05/2023 | Record from the U.S.D.C.-Eastern District of Pennsylvania containing sealed materials received and filed electronically. |
| 06/16/2023 | 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. |
| 06/23/2023 | Record returned to the U.S.D.C.-Eastern District of Pennsylvania (thumb drive containing sealed materials). |
| 07/18/2023 | Judgment issued. |