Articles and Blogs

In United States ex rel. Feliciano v. Ardoin, a pro se relator filed a qui tam action under the False Claims Act (“FCA”). On February 4, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s dismissal ruling that a pro se litigant cannot allege violations of the FCA. In doing so,... READ MORE

In United States ex rel. O’Connor v. USCC Wireless Investment, Inc., relators filed a qui tam action under the False Claims Act (“FCA”). On February 11, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s ruling that (1) a previous lawsuit had raised substantially the same allegations, triggering the FCA’s public... READ MORE

On February 14, 2025, the United States Court of Appeals for the Fourth Circuit (the “Court” or “Fourth Circuit”) issued a significant ruling in United States ex rel. Rosales v. Amedisys North Carolina, clarifying how the first-to-file rule applies to qui tam actions under the False Claims Act (“FCA”). The Court determined that the... READ MORE

The Federal District Court for the Middle District of Florida (“the Court”) in United States ex rel. Zafirov v. Florida Medical Associates, LLC et al., recently held that a relator’s role as set forth in the False Claims Act’s (“FCA”) qui tam provision is unconstitutional under Article II’s Appointments Clause and dismissed the case.... READ MORE

The United States Court of Appeals, Eleventh Circuit, recently issued an opinion reaffirming the need for counsel in qui tam cases under the False Claims Act (“FCA”). In particular, pro se plaintiffs, or individuals proceeding without attorney representation, filed suit against multiple defendants alleging qui tam claims under the FCA as well as 21... READ MORE

On July 8, 2020, the Department of Justice announced it settled a qui tam action[1] involving alleged violations of the federal and state False Claims Act (“FCA”) for $72.3 million against an Oklahoma surgical specialty hospital, its managers, a physician group and two individual physicians. Part of the factual allegations underpinning the FCA claims... READ MORE

In a recent case out of Kansas, the Tenth Circuit reiterated the importance of the FCA’s materiality and scienter requirements that the Supreme Court set forth in Escobar: FCA claims must satisfy materiality and knowledge requirements—both of which are rigorous and strictly enforced. A whistleblower must prove knowledge in an implied certification case—it cannot... READ MORE

The Department of Justice (“DOJ”) reported it collected more than $2.8 billion in False Claims Act (“FCA”) settlements and verdicts in 2018.¹ This is significantly down from the record $5.69 billion recovered in 2014 and from the $3.6 billion – $4.7 billion in 2015 through 2017. This can primarily be explained by the absence... READ MORE

The Fifth Circuit ruled that a whistleblower’s voluntary dismissal with prejudice cannot affect the Government’s ability to pursue related litigation. When the Government has not yet intervened, and thus is not a yet a party, a case cannot be dismissed with prejudice as to the Government by a whistleblower. Background In Vaughn, ex rel.... READ MORE

The Eleventh Circuit recently held that a qui tam relator cannot intervene in criminal forfeiture proceedings when the Government chooses to criminally prosecute fraud rather than intervene in a qui tam action. In United States v. Couch,[1] a former employee (“Relator”) of a pain management clinic in Alabama tried to recover amounts she believed... READ MORE