Alerts10.9.24
Florida Judge Says FCA Whistleblower Provision Is Unconstitutional in Trailblazing Ruling
Highlights
A district court judge overturned the False Claims Act’s whistleblower provision, holding it incompatible with the Constitution’s Appointments Clause
This is the first holding of its kind and will certainly be appealed
Until the appellate process is completed, it is likely that raising similar arguments, citing to this opinion, will be standard practice for FCA practitioners
The U.S. District Court for the Middle District of Florida dismissed a False Claims Act (FCA) case, holding on Sept. 30 that the qui tam, or whistleblower provision of the FCA, is unconstitutional. It is the first decision of its kind involving the FCA.
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