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.
Recent Updates
- Comment Period Closes on California OHCA’s Proposed Emergency Regulations Expanding Private Equity, Hedge Fund, and MSO Reporting in Health Care Transactions
- DOJ Revises Justice Manual on Non-Binding Guidance and Qui Tam Dismissals: Practical Considerations
- Additional SBA Crackdown on Pandemic-Era Fraud Leads to Program and Loan Suspensions, Possible FCA Enforcement
- Federal Regulatory Views on Cybersecurity and AI Amidst a Growing Threat Landscape
- Remote Monitoring Services Under the 2027 PFS Proposed Rule: Epstein Becker Green Submits Comments to CMS