Justice Kavanaugh issued a concurring opinion in Wisconsin Bell, which Justice Thomas joined, to question again whether the False Claims Act qui tam provision violates Article II of the US Constitution....more
The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution.
On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn...more
DOJ may dismiss qui tam False Claims Act cases at any point, as long as it intervenes in the case and satisfies the deferential Federal Rule of Civil Procedure 41(a) standard.
The US Supreme Court, in its 8-1 June 16,...more
7/3/2023
/ Article II ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Dismissals ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Qui Tam ,
Relators ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
Leaked DOJ memo instructs government attorneys to consider dismissing certain False Claims Act qui tam actions.
On January 10, 2018, Michael D. Granston, Director of the Commercial Litigation Branch of the Department of...more
Court has the opportunity to assess the use of statistical sampling/extrapolation as a method to prove FCA liability or damages.
Courts require that plaintiffs prove each element of a legal claim with evidence — mere...more