To Intervene or Not to Intervene?: The Third Circuit Sides With the Seventh Circuit on Assessing Government Motions to Dismiss
The Third Circuit is the latest circuit court to jump into the Section 3730(c)(2)(A) fray and weigh in on the appropriate standard for dismissal of a qui tam action over a relator’s objections. In Polansky v. Executive Health Resources, Inc., the Third Circuit concluded that, to seek dismissal after a prior declination, the government must first intervene and, once it does so, its dismissal motion must satisfy Fed. R. Civ. P. 41(a). No. 19-3810 (3d Cir. Oct. 28, 2021).
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