On September 30, 2024, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in United Statesex rel. Zafirov v. Florida Medical Associates, LLCthat the qui tam provisions of the False Claims Act (FCA) create self-appointed “officers” of the United St...
The False Claims Act's ("FCA") use of qui tam relators (private individuals bringing suit on behalf of the government) has long raised both procedural and substantive challenges. June 20, 2023Alert On June 16, 2023, the U.S. Supreme Court addr...
The U.S. Supreme Court,in an 8-1 decision written by Justice Kagan, held on June 16 that the United States (“Government”), having initially chosen not to intervene in a False Claims Act (“FCA”) qui tam case, but having subsequently intervened via a showing of go...
Inc., 599 U.S. 419 (2023) (“Polansky”), resurrected an old debate about whether the False Claims Act (FCA)qui tamprovisions violate Article II of the Constitution. Under this theory, the FCAqui tamprovisions improperly give a private party the authority to control...
On September 30, Judge Kathryn Kimball Mizelle held that thequi tamprovision of the False Claims Act (FCA) violates the Appointments Clause of the U.S. Constitution because FCA relators are acting as "officers of the U.S." who require a presidential appointment to carry out their duties. Ju...