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

January 23, 2023 9:45am

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 Court 
    • 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