News & Analysis as of

Department of Justice (DOJ) Article II United States ex rel Polansky v Executive Health Resources Inc

Zuckerman Spaeder LLP

For Whom the Bell Tolls: Does Wisconsin Bell Indicate Waning Support for Invalidating the FCA’s Qui Tam Provisions?

Zuckerman Spaeder LLP on

In the summer of 2023, Justice Thomas suggested in a dissenting opinion in U.S. ex rel. Polansky v. Executive Health Resources that Article II of the Constitution might not permit a qui tam relator to sue in the name of the...more

Husch Blackwell LLP

Are the qui tam provisions of the False Claims Act unconstitutional?

Husch Blackwell LLP on

The qui tam provisions of the False Claims Act allow individuals to file suit on behalf of the United States and to receive a share of the resulting financial settlement or judgment. Filing a qui tam case is not just a formal...more

Pillsbury Winthrop Shaw Pittman LLP

District Court Finds Qui Tam Provisions of the False Claims Act Unconstitutional

This landmark decision, if upheld on appeal, has the potential to drastically reduce the number of False Claims Act actions brought against government contractors. A U.S. District Court in Florida held that the qui tam...more

Akin Gump Strauss Hauer & Feld LLP

Courts Should Finally Rule That the False Claims Act Qui Tam Provisions Are Unconstitutional

Last term, in U.S. ex rel. Polansky v. Exec. Health Res., Inc., three Justices noted that there are “substantial arguments” that the False Claims Act’s (FCA) qui tam provisions do not conform with Article II of the...more

Mintz - Health Care Viewpoints

Challenge to False Claims Act Qui Tam Provisions Fails in an Initial Attempt to Revive Long-Dormant Arguments as to...

This July, we detailed the Supreme Court’s surprising revival in United States ex rel. Polansky v. Exec. Health Resources, No. 21-1052 (S. Ct. June 16, 2023) of the question of whether the qui tam provisions of the False...more

Mintz - Health Care Viewpoints

Blowing the Whistle on the False Claims Act Qui Tam Provisions: Dissent and Concurrence in Polansky Invite Constitutional...

Do the qui tam provisions of the False Claims Act (FCA), see 31 U.S.C. § 3730(b)(1), violate the Executive Branch’s exclusive grant of authority under Article II of the United States Constitution? This long-dormant question...more

Latham & Watkins LLP

US Supreme Court Upholds Broad, but Not Unfettered, Government Authority to Dismiss FCA Cases

Latham & Watkins LLP on

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

BakerHostetler

SCOTUS Majority Affirms the DOJ's Ability to Dismiss Whistleblower Cases Under the False Claims Act - But Dissent Raises Suspicion...

BakerHostetler on

On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss...more

Hogan Lovells

The False Claims Act Guide: 2022 and the road ahead - Supreme Court to weigh in on DOJ’s dismissal authority

Hogan Lovells on

The Department of Justice (DOJ) dismissal authority: Supreme Court will resolve Circuit split in standard, but DOJ seems unlikely to pick more fights with relators. For nearly two decades, when DOJ invoked its authority...more

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