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




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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