2023 Judicial Round-Up: Recent Critical Developments in the Courts Impacting False Claims Act and Qui Tam Litigation
Part 1: SCOTUS Watch: The Latest in the Debate Over DOJ’s Dismissal Authority and the Requisite Pleading Standard for False Claims Act Qui Tam Claims

Darrell C. Valdez
ACE and Health Care Fraud Coordinator Assistant U.S. Attorney
U.S. Attorney's Office, District of Columbia

Roderick L. Thomas
Partner
Wiley Rein LLP

Claire Sylvia
Partner
Phillips & Cohen LLP

Douglas Hallward-Driemeier
Partner
Ropes & Gray LLP
- Analyzing the circuit court split on DOJ’s dismissal authority which led to the U.S. Supreme Court’s grant of certiorari in United States ex rel. Polansky v. Executive Health Resources, Inc.
- Understanding the nuances of the latest federal court rulings and the deepening divide between the circuits
- Mitigating risk while we anticipate the ruling from the Supreme CourtÂ
- Strategizing venue selection and pleadings in light of conflicting circuit court case law on government dismissal authority
- Examining the three pending petitions for certiorari seeking Supreme Court clarity on the level of particularity required under Rule 9(b) to plead a claim under the FCA
- Reconciling how practitioners can incorporate takeaways from circuit court rulings into their pleading and litigation strategies