Foley & Lardner LLP partner Lisa Noller is quoted in the BioWorld article, “US Supreme Court reaffirms government’s authority to dismiss whistleblower FCA cases,” discussing the recent decision in Polansky v. Executive Health Resources.
Noller said that prior to Polansky, federal attorneys dismissed very few relator cases annually on their own. Following the decision, which reaffirmed the government’s authority to dismiss whistleblower False Claims Act (FCA) cases, she said, “my fervent hope is that DOJ takes the brakes off a little bit” when considering dismissal.
Noller noted that while there may have been some instances in which federal attorneys allowed a case to go forward at least in part because of uncertainty over the issues raised in Polansky, she advised against hoping for an ensuing flood of dismissals.
“They like having the relator do the hard work in these cases,” she added.