Michele Sartori

Oct 3, 2024 | lexology.com | Jonathan Diesenhaus |Jessica Ellsworth |Michele Sartori |Emily Lyons |Xochitl Halaby |Mike Dohmann | +1 more

Since June 2023, the False Claims Act (FCA) bar has waited with baited breath for district courts to address Justice Thomas’s dissent in United States ex rel. Polansky v. Executive Health Resources, Inc., suggesting that the qui tam provisions of the federal civil False Claims Act – which allow a private citizen whistleblower or qui tam relator to file and pursue an FCA case even if the government declines to join or intervene in the suit – may be an unconstitutional delegation of power.