No. 21-1052
United States, ex rel. Jesse Polansky, M.D., M.P.H. v. Executive Health Resources, Inc., et al.
Tags: civil-procedure false-claims-act federal-procedure government-dismissal judicial-conflict qui-tam standing statutory-interpretation
Latest Conference:
2022-06-16
(distributed 3 times)
Question Presented (from Petition)
Whether the government has authority to dismiss an FCA suit after initially declining to proceed with the action, and what standard applies if the government has that authority.
Question Presented (AI Summary)
Whether the government has authority to dismiss an FCA suit after initially declining to proceed with the action, and what standard applies if the government has that authority
Docket Entries
2023-07-18
Judgment issued.
2023-06-23
Record returned to the U.S.D.C.-Eastern District of Pennsylvania (thumb drive containing sealed materials).
2023-06-16
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Barrett, J., joined. Thomas, J., filed a dissenting opinion.
2023-01-05
Record from the U.S.D.C.-Eastern District of Pennsylvania containing sealed materials received and filed electronically.
2022-12-06
Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondent United States: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent Executive Health Resources, Inc.: Mark W.
Mosier, Washington, D. C.
2022-11-16
Reply of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. (Distributed)
2022-11-08
The record from the U.S.C.A. 3rd Circuit has been electronically filed.
2022-11-07
Motion for divided argument filed by the Solicitor General GRANTED.
2022-10-28
Record requested from the U.S.C.A. 3rd Circuit.
2022-10-25
CIRCULATED.
2022-10-24
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2022-10-24
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
2022-10-24
Brief amicus curiae of Washington Legal Foundation filed.
2022-10-24
Brief amicus curiae of Advanced Medical Technology Association filed.
2022-10-21
Motion for divided argument filed by the Solicitor General.
2022-10-18
SET FOR ARGUMENT on Tuesday, December 6, 2022.
2022-10-17
Brief of respondent Executive Health Resources, Inc. filed.
2022-10-17
Brief of respondent United States filed.
2022-09-02
Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
2022-09-02
Brief amicus curiae of Brutus Trading, LLC filed.
2022-08-26
Joint appendix filed. (Statement of costs filed)
2022-08-26
Brief of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed.
2022-08-03
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2022. The time to file respondents' brief on the merits is extended to and including October 17, 2022.
2022-07-28
Motion for an extension of time to file the briefs on the merits filed.
2022-07-28
Blanket Consent filed by Petitioner, United States, ex rel. Jesse Polansky, M.D., M.P.H.
2022-06-21
Petition GRANTED.
2022-06-13
DISTRIBUTED for Conference of 6/16/2022.
2022-06-06
DISTRIBUTED for Conference of 6/9/2022.
2022-05-18
Reply of petitioner United States, ex rel. Jesse Polansky, M.D., M.P.H. filed. (Distributed)
2022-05-17
DISTRIBUTED for Conference of 6/2/2022.
2022-05-03
Brief of respondent United States in opposition filed.
2022-05-03
Brief of respondent Executive Health Resources, Inc. in opposition filed.
2022-03-24
The motions to extend the time to file a response are granted and the time is further extended to and including May 3, 2022, for all respondents.
2022-03-23
Motion of Executive Health Resources, Inc. to extend the time to file a response from April 1, 2022 to May 3, 2022, submitted to The Clerk.
2022-03-23
Motion of the Solicitor General to extend the time to file a response from April 1, 2022 to May 3, 2022, submitted to The Clerk.
2022-02-22
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2022, for all respondents.
2022-02-18
Motion of respondent Executive Health Resources Inc. to extend the time to file a response from March 2, 2022 to April 1, 2022, submitted to The Clerk.
2022-02-14
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2022.
2022-02-11
Motion to extend the time to file a response from March 2, 2022 to April 1, 2022, submitted to The Clerk.
2022-01-26
Petition for a writ of certiorari filed. (Response due March 2, 2022)
Attorneys
Advanced Medical Technology Association
Brutus Trading, LLC
Chamber of Commerce of the United States of America, the American Health Care Association, and the American Hospital Association
Jeffrey S. Bucholtz — King & Spalding LLP, Amicus
Executive Health Resources, Inc.
Mark W. Mosier — Covington & Burling, LLP, Respondent
Pharmaceutical Research and Manufacturers of America
Taxpayers Against Fraud Education Fund
Tejinder Singh — Sparacino PLLC, Amicus
United States of America
Elizabeth B. Prelogar — Respondent
United States, ex rel. Jesse Polansky, M.D., M.P.H.
Daniel L. Geyser — Haynes and Boone, LLP, Petitioner
Washington Legal Foundation
Joshua John Fougere — Sidley Austin LLP, Amicus