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United States, ex rel. USN4U, LLC v. Wolf Creek Federal Services, Inc., et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-3022 · judgment March 31, 2025


Certiorari denied · December 8, 2025
Pre-decision estimate: 9% cert probability (95% interval 5%–16%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel with five or more prior petitions here, and a Sixth Circuit decision below, and down for a business respondent.

Question presented

  1. Whether a district court must consider a qui tam relator's substantial commitment of time and money when weighing the Government's expected burden under Federal Rule of Civil Procedure 41(a)(2), as required by this Court's decision in United States ex rel. Polansky v. Executive Health Resources, Inc.

  2. Whether a district court violates the separation of powers by ordering the United States to intervene in or dismiss a qui tam action, thereby intruding into the Executive Branch's prosecutorial discretion under the False Claims Act.

Counsel of record

For petitioner
Warner DeWitt Mendenhall
The Law Offices of Warner Mendenhall, Inc.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 08 2025
    Petition DENIED.
  2. Nov 18 2025
    DISTRIBUTED for Conference of 12/5/2025.
  3. Oct 28 2025
    Waiver of right of respondent United States to respond filed.
  4. Jul 31 2025
    Petition for a writ of certiorari filed. (Response due November 6, 2025)