Justices to Clarify DOJ Power to End Whistleblower Suits

This article features Kohn, Kohn & Colapinto’s founding partner, Stephen M. Kohn.

The U.S. Supreme Court announced on Tuesday that it will consider if a whistleblower lawsuit under the False Claims Act, accusing Executive Health Resources Inc. of defrauding Medicare through the improper classification of patient admissions, should have advanced despite the Justice Department’s disapproval.

Jesse Polansky argued that the U.S. Court of Appeals for the Third Circuit was wrong to support the case’s dismissal, particularly since the government had not intervened in his case before seeking its dismissal.

Polansky contends in his petition that the government forfeits any authority to dismiss a False Claims Act case once it initially decides not to intervene in a whistleblower’s claim.

According to the FCA, the DOJ has the option to…