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Florida District Court Finds FCA Qui Tam Provisions Unconstitutional in Outlier Opinion

On September 30, 2024, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in United States ex rel. Zafirov v. Florida Medical Associates, LLC that the qui tam provisions of the False Claims Act...more

Supreme Court Wades into Academic Dispute over Government Dismissal in Non-Intervened Qui Tam Cases

The US Supreme Court’s June 21 order granting certiorari in Polansky v. Executive Health Resources signals the Court’s intention to settle a circuit court split on the procedure and standard by which the government can...more

Seventh Circuit Creates Third Standard in FCA Dismissal Authority Circuit Split

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

Ninth Circuit’s Refusal to Consider Government Appeal of FCA Dismissal Authority Portends Trouble

Just as the government’s exercise of its statutory authority to dismiss non-intervened False Claims Act (FCA) qui tam cases was beginning to pick up steam, the US Court of Appeals for the Ninth Circuit has issued a new...more

Senator Grassley Drafting Legislation to Potentially Limit DOJ Dismissal Power in FCA Cases

Senator Chuck Grassley plans to propose legislation that would require the US Department of Justice to state its reasons for dismissal of qui tam cases over the objection of the relator. ...more

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