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Supreme Court to Review When DOJ May Dismiss Relator Suits

By Jonathan Ellis, Nicholas J. Giles, Caroline Schmidt Burton & Joshua Wade on July 29, 2022
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Last month, the Supreme Court granted certiorari in United States ex rel. Polansky v. Executive Health Resources, Inc., a case presenting the question whether the federal government forfeits the authority to dismiss False Claims Act (FCA) suits brought in its name if it first declines to intervene in them.

Continue reading our commentary on The FCA Insider.

Photo of Jonathan Ellis Jonathan Ellis

Jonathan is a Chambers USA-ranked national appellate lawyer and co-leader of the firm’s Appeals and Issues Practice Group. He helps clients design winning legal strategies in appeals and high-stakes litigation. Jonathan has argued nine cases before the U.S. Supreme Court and filed…

Jonathan is a Chambers USA-ranked national appellate lawyer and co-leader of the firm’s Appeals and Issues Practice Group. He helps clients design winning legal strategies in appeals and high-stakes litigation. Jonathan has argued nine cases before the U.S. Supreme Court and filed hundreds of briefs at the merits and certiorari stages before the Court. He has handled appeals and dispositive motions in other federal courts and state courts across the country. He has significant experience nationally in assisting clients in formulating appellate strategy, both in pending appeals and at the trial court level before judgment. And he has challenged and defended federal agency actions at every level of the federal judiciary.

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Photo of Nicholas J. Giles Nicholas J. Giles

Nick is a lawyer in the firm’s Richmond office with extensive experience in antitrust law and class-action defense. Nick is a soup-to-nuts litigator, with experience in all phases of complex civil actions. He is also an experienced drafter with a passion for concise…

Nick is a lawyer in the firm’s Richmond office with extensive experience in antitrust law and class-action defense. Nick is a soup-to-nuts litigator, with experience in all phases of complex civil actions. He is also an experienced drafter with a passion for concise, elegant legal writing. Clients and colleagues frequently turn to Nick as the lead drafter for case-dispositive motions, appeals, and other forms of high-stakes written advocacy, including agency white papers.

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Photo of Caroline Schmidt Burton Caroline Schmidt Burton

Caroline is an experienced litigator in McGuireWoods’ nationally-recognized Government Investigations and White Collar Group. She represents corporate and individual clients in a wide-variety of high-stakes situations, including government and internal investigations, regulatory enforcement actions, and litigation in state and federal courts.

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Photo of Joshua Wade Joshua Wade

Josh is a partner in the firm’s Richmond office who focuses on antitrust law, government investigations, and complex commercial litigation. Josh has experience with a broad array of antitrust and competition issues—ranging from counseling clients through the Federal Trade Commission and Department of…

Josh is a partner in the firm’s Richmond office who focuses on antitrust law, government investigations, and complex commercial litigation. Josh has experience with a broad array of antitrust and competition issues—ranging from counseling clients through the Federal Trade Commission and Department of Justice’s merger review processes to representation of clients in criminal investigations before the Department of Justice and foreign regulators.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Subject to Inquiry
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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