United States ex rel. Polansky v. Executive Health Resources, Inc.

Summary

Justice Kagan’s opinion for an eight-Justice majority held that the Government may seek dismissal of a False Claims Act qui tam action over the relator’s objection only after intervening, but intervention may occur either during the initial seal period or later upon good cause. Federal Rule of Civil Procedure 41(a) governs dismissal, supplemented by the FCA’s notice-and-hearing requirement and consideration of the relator’s interests. The Government’s reasonable assessment that litigation burdens outweigh potential benefits receives substantial deference. The Court affirmed the Third Circuit’s judgment sustaining dismissal. Justice Kavanaugh, joined by Justice Barrett, concurred in full but urged consideration in an appropriate case of whether qui tam litigation violates Article II. Justice Thomas dissented, concluding that intervention after the seal period does not confer statutory authority to dismiss over the relator’s objection; he would vacate and remand for consideration of constitutional questions. Outside confirmation could not be performed with the resources available.