Partner Stephen Hasegawa commented to Bloomberg Law on the Supreme Court’s decision in United States ex rel. Polansky v. Exec. Health Resources Inc.:
“The Supreme Court decided that if the government wants to dismiss a False Claims Act case after the initial stages, it has to show good cause for intervention and explain why dismissal serves the government’s interests. That may not be a high burden, but it at least requires that the government give an account of its reasons,” said Stephen Hasegawa, who represents whistleblowers with Phillips & Cohen.
The decision “leaves open what due process and equal protection rights a whistleblower might have to prevent dismissal. Those questions seem likely to be litigated in the near future,” Hasegawa said.
Read the full article, “Supreme Court Backs Dismissal of Whistleblower’s Fraud Suit,” Bloomberg Law, June 16, 2023.