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Statutory Interpretation Qui Tam

Nelson Mullins Riley & Scarborough LLP

Eleventh Circuit Addresses the False Claims Act Public-Disclosure Bar

The Eleventh Circuit’s published decision in United States ex rel. Smith v. Odom, 2025 WL 2424425 (11th Cir. Aug. 22, 2025), affirms dismissal with prejudice under the False Claims Act’s public-disclosure bar and offers...more

Phelps Dunbar

The Constitutional Battle Over False Claims Act Qui Tams and Founding Era History in Zafirov

Phelps Dunbar on

Last fall, U.S. District Court Judge Kathryn Mizelle of the Middle District of Florida ruled that the False Claims Act’s (FCA) qui tam provision is unconstitutional in United States ex rel Zafirov v. Florida Medical...more

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

ArentFox Schiff

DC Circuit Narrowly Interprets False Claims Act’s “Government-Action Bar”

ArentFox Schiff on

On May 17, 2022, the US Court of Appeals for the DC Circuit issued an opinion in a False Claims Act suit, narrowly interpreting the so-called “government-action bar.” The government-action bar, 31 USC § 3730(e)(3), forecloses...more

Jones Day

Fourth Circuit Limits Who Can Act "Knowingly" Under False Claims Act

Jones Day on

Health care industry participants frequently operate under nuanced legal frameworks that apply to the receipt of government funds. A breach of these regulations can open the door to draconian liability under the FCA even when...more

Morgan Lewis

Seventh Circuit Creates Third Standard in FCA Dismissal Authority Circuit Split

Morgan Lewis on

The Seventh Circuit’s novel statutory interpretation of the government’s dismissal authority under 31 USC § 3730(c)(2)(A) may have unintended consequences. ...more

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