On December 12, the U.S. Court of Appeals for the Eleventh Circuit heard oral argument in U.S. ex rel. Zafirov v. Florida Medical Associates, a closely watched appeal arising from Foley's precedent-setting victory for its clients ...
On December 12, the U.S. Court of Appeals for the Eleventh Circuit heard oral argument in U.S. ex rel. Zafirov v. Florida Medical Associates,1 a closely watched appeal arising from Foley's precedent-setting victory for its clients in a constitutional challenge to the False Claims Act's (FCA) qui tam provisions. The FCA's qui tam provisions permit private individuals, known as "relators," to file lawsuits on behalf of the United States, alleging fraudulent claims submitted for payment from the government. In a landmark win for Foley's clients, the district court dismissed a relator-initiated suit on ground that the FCA's qui tam provisions violate Article II of the U.S. Constitution.
The case originated from a lawsuit filed by physician Clarissa Zafirov, who alleged that her former employer, Florida Medical Associates, and other defendants engaged in fraudulent practices to inflate Medicare reimbursements. The government declined to intervene in the suit, and so Zafirov litigated the case on her own. In response, Foley filed in the district court a motion for judgment on the pleadings, arguing that the qui tam provisions empower relators to wield significant executive authority without being duly appointed as officers of the United States,...
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