To Intervene or Not to Intervene?: The Third Circuit Sides With the Seventh Circuit on Assessing Government Motions to Dismiss

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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).