Eleventh Circuit Rejects One Constitutional Challenge but Leaves Open Questions on FCA Qui Tam Provisions, Wolters Kluwer

Partners Douglas Baruch, Kayla Stachniak Kaplan, Ryan McCarthy, Jaclyn Unis Whittaker, and Jennifer Wollenberg and associates Nicole Shammo and Jonathan Wilt co-authored a Wolters Kluwer article about an Eleventh Circuit decision rejecting an Appointments Clause challenge to the False Claims Act’s (FCA’s) qui tam provisions while leaving other constitutional questions unresolved.

The authors explain that the decision removes the most immediate prospect of a circuit split over the Appointments Clause issue, but challenges under Article II’s Vesting and Take Care clauses remain pending. They note that similar challenges are progressing in other federal courts and that FCA cases continue to pose substantial litigation risk for companies.

Read the full Wolters Kluwer article >>