BC Advantage - 2024 Issue 5

Considerations for Whistleblowers and Companies

In June 2022, I wrote an article, “The False Claims Act and the Seal: What Whistleblowers Need to Know,” which I encourage everyone reading this article to also read. The United States Supreme Court's decision in United States ex rel. Polansky v. Executive Health Resources (599 U.S. 419; 2023) confirmed that the United States government has nearly unfettered discretion “to dismiss a [federal False Claims Act] suit over a relator's objection” ( Id . at 423; see also State ex rel. Fox v. Thornley, 2023 IL App [4 th ]; citing Polansky as instructive when interpreting...

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