For Whom the Bell Tolls: Does Wisconsin Bell Indicate Waning Support for Invalidating the FCA’s Qui Tam Provisions?
By EsqSocial Corporation 18/04/25
In the summer of 2023, Justice Thomas suggested in a dissenting opinion in U.S. ex rel. Polansky v. Executive Health Resources that Article II of the Constitution might not permit a qui tam relator to sue in the name of the government absent government intervention. Justices Kavanaugh and Barrett separately urged the Court to review this question. After Polansky, defendants in non-intervened qui tam cases around the country filed motions to dismiss on the grounds that the case could not proceed...
By: Zuckerman Spaeder LLP