False Claims Act Decisions To Know From Q3 2024

Courts have addressed multiple False Claims Act (FCA) issues in the third quarter of this year. Below is a summary of top cases involving the constitutionality of the FCA's qui tam provisions, the FCA's scienter requirement, the public disclosure bar, and proof required under the FCA's anti-retaliation provision.

District Court Rules Qui Tam Provision Unconstitutional

The FCA's qui tam provision empowers any "person"—known as a "relator"—to file a lawsuit in the federal government's name to enforce the statute. 31 U.S.C. 3730(b)(1). A relator sues on his/her own initiative, controls the litigation to binding judgment absent government intervention, and earns up to 30% of the government's recovery in a successful suit.