Third Circuit: U.S. ex rel. Polansky v. Executive Health Resources
The brief addresses the government’s authority to dismiss under 3730(c)(2), and argues that belated motions to dismiss declined qui tam cases threaten to undermine the purposes and objectives of the FCA by deterring whistleblowers from coming forward and deterring counsel from pursuing declined cases, that the government must show that dismissal is reasonable under the circumstances before its motion can be granted, and that the government should be required to intervene in a qui tam action before moving to dismiss it.
