As we noted in our recent Insight, at least eight decisions from district courts around the country have rejected the reasoning in the September 30, 2024, opinion of District Judge Kathryn Kimball Mizelle from the U.S. District Court for the Middle District of Florida—holding that the qui tam provisions in the False Claims Act (“FCA”) violate the Appointments Clause of Article II of the U.S. Constitution. Every other Court of Appeals to address the question has ruled similarly.
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