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Schreck Quoted in Bloomberg Law on Supreme Court FCA Polansky Decision

July 5, 2023

White Collar Defense & Investigations partner, Debra Schreck, was quoted in the recent Bloomberg Law article, “Supreme Court Backs Dismissal of Whistleblower’s Fraud Suit.” The article discusses the recent U.S. Supreme Court decision in a closely watched False Claims Act case in which the relator, Jesse Polansky, challenged the Government’s authority to seek dismissal of his qui tam suit. The Supreme Court’s decision affirmed that the U.S. Department of Justice properly sought and won dismissal of Polansky’s lawsuit, and provided guidance about when and on what basis the Government may seek dismissal of a qui tam suit over a relator’s objections.

Schreck told Bloomberg Law that the decision “reinforces that it is critical for the government—the real party in interest in these cases—to retain the ability to rein in, for example, meritless qui tams, regardless of the stage of the case,” and that, although a whistleblower “can mount an argument against dismissal . . . ultimately the government must be permitted to determine whether, as the Court noted, the suit would vindicate the Government’s interests.”

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