A federal judge has declared the whistleblower provisions of the False Claims Act unconstitutional. While the ruling by itself does not invalidate the FCA or its related amendments, it is now relevant precedent within its own circuit, in the case of the Middle District of Florida, the Eleventh Circuit. McCarter partner Khaled Klele spoke with Part B News about how the ruling will affect future cases and said that the Fifth and Tenth Circuits previously addressed this issue “and both Circuits came to the opposite conclusion to the District Court’s decision; if the Eleventh Circuit affirms the Middle District of Florida’s decision, then that will create a split with the Fifth and Tenth Circuits.” In the short run, Khaled said added, “I believe the DOJ will continue business as usual and will closely watch this case. The FCA has been an effective tool for them and, so, I do not think it will change its behavior in light of one ruling.”
10.29.2024