On August 20, 2019, the United States exercised its authority under the False Claims Act (FCA) to seek dismissal of a relator’s qui tam suit because of the defendant’s burdensome discovery demands, in Polansky v. Executive Health Resources, Inc. Since the lawsuit’s inception in 2012, the U.S. Department of Justice (DOJ), the U.S. Department of Health and Human Services’ (HHS) Centers for Medicare and Medicaid Services (CMS), and other government agencies have attempted to fend off a series of burdensome Touhy requests but failed to do so. Meanwhile, the scope of discovery has ballooned. Collectively, DOJ and HHS have deployed six attorneys to work this case. And, to top it off, DOJ is concerned about relator’s credibility and his ability to prove a FCA violation. DOJ’s dismissal request thus comes as no surprise.
Read the full post at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
