In Wisconsin Bell, Inc. v. United States, ex rel. Todd Heath, another case testing the limits of the False Claims Act (FCA), the question presented is whether requests for money from the FCC’s E-rate program are “claims” under the False Claims Act (FCA).Continue Reading Supreme Court Scrutinizes Definitions To Determine Scope of False Claims Act
The Supreme Court recently decided U.S. ex rel. Polansky v. Executive Health Resources, Inc., 599 U.S. 419 (2023). In dissent, Justice Thomas questioned the constitutionality of the qui tam regime under the False Claims Act (FCA), by which a private “relator” represents the interests of the United States in litigation. Concurring with the majority, Justices Kavanaugh and Barrett nevertheless agreed with Justice Thomas that the constitutional issue he raised should be considered in “an appropriate case.” Dykema covered the decision, including the dissent, in a previous article.Continue Reading Federal Court Tees Up False Claims Act Constitutionality Dispute