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Business Law

Dec. 18, 2024

False Claims Act constitutionality challenged and what it means for qui tam actions

See more on False Claims Act constitutionality challenged and what it means for qui tam actions

Adam L. Braverman

Partner
Morrison & Foerster LLP

Investigations and white collar defense

12531 High Bluff Drive
San Diego , CA 92130

Phone: (858) 720-5100

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Anissa Chitour

Associate
Morrison & Foerster LLP

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Brian R. Michael

Partner
Morrison & Foerster LLP

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Nathaniel R. Mendell

Partner
Morrison & Foerster LLP

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False Claims Act constitutionality challenged and what it means for qui tam actions

A notable dissent in a U.S. Supreme Court case last term and a more recent decision by a federal judge in Florida have called into question the constitutionality of False Claims Act (FCA) qui tam actions. With three Supreme Court justices already having signaled receptiveness to this argument, the district court ruling may prompt more defendants to challenge the constitutionality of FCA suits brought by private parties on behalf of the United States in the hopes of bringing the right case ...

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