Case: United States ex rel. Polansky v. Executive Health Resources, Inc., et al. 599 U.S. ___ (2023).
The FCA is unique in that it authorizes private parties to sue on the government’s behalf. After a suit is brought on behalf of the government by the private party (the “realtor”) the government may take the lead role or leave litigation to the private party. Regardless of which role the government assumes in the FCA action, following the Court’s ruling, the government retains the right to dismiss the action at any time.
the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA).
Source: US Supreme Court rules in favor of DOJ power to dismiss whistleblower lawsuits