Gregory Tanner

Oct 4, 2024 | jdsupra.com | Amy Fouts |Patrick Lewis |Gregory Tanner

Key Takeaways: A federal court has held that the False Claims Act’s private enforcement mechanisms are unconstitutional under the Appointments Clause, reasoning that qui tam relators lacked proper constitutional appointment to exercise the executive power of the United States necessary to sustain an FCA action. If upheld, the decision could substantially impact future FCA litigation since most cases are brought privately (by qui tam relators) rather than by the government itself.

Oct 3, 2024 | lexology.com | Amy Fouts |Gregory Tanner |Patrick Lewis

Key Takeaways:A federal court has held that the False Claims Act’s private enforcement mechanisms are unconstitutional under the Appointments Clause, reasoning that qui tam relators lacked proper constitutional appointment to exercise the executive power of the United States necessary to sustain an FCA action. If upheld, the decision could substantially impact future FCA litigation since most cases are brought privately (by qui tam relators) rather than by the government itself.

Jun 21, 2023 | lexology.com | Brian Rafferty |Gregory Tanner |Amy Fouts |Patrick Lewis |Brian F. McEvoy |Gregory S. Saikin

Key TakeawaysThe Supreme Court affirmed the Department of Justice’s (DOJ) authority to seek dismissal of False Claims Act (FCA) cases brought by private relators even when the DOJ initially declined to intervene. The Court also ended the circuit split by holding that Rule 41(a) is the standard for the DOJ to seek dismissals of qui tam suits. Three justices signaled willingness to review the constitutionality of the FCA’s qui tam provisions that enable private whistleblowers to bring actions.

Jun 21, 2023 | lexology.com | Brian Rafferty |Gregory Tanner |Amy Fouts |Patrick Lewis |Brian F. McEvoy |Gregory S. Saikin

Key TakeawaysThe Supreme Court affirmed the Department of Justice’s (DOJ) authority to seek dismissal of False Claims Act (FCA) cases brought by private relators even when the DOJ initially declined to intervene. The Court also ended the circuit split by holding that Rule 41(a) is the standard for the DOJ to seek dismissals of qui tam suits. Three justices signaled willingness to review the constitutionality of the FCA’s qui tam provisions that enable private whistleblowers to bring actions.