Pharma Could Face Fewer False Claims Act Suits If Supreme Court Concurs With Government

02 Dec 2022

High court is to determine whether the government can dismiss an FCA complaint after initially declining to take it on. In recent years, the government has dismissed numerous qui tam suits against pharma companies in which it did not intervene.

Supreme Court building — Supreme Court to hear oral argument on government's ability to seek dismissal of False Claims Act suits • Source: Shutterstock

The US government’s ability to dismiss a False Claims Act in which it initially declined to intervene will be decided by the US Supreme Court in a case that could particularly impact the pharmaceutical industry, which says it is a magnet for such litigation.

The court will hear oral argument in United States, ex rel. Polansky v. Executive Health Resources, Inc. on 6 December....