Litigation & Enforcement Attorneys Discuss Novel FCA Decision
October 03, 2024
October 03, 2024
BOSTON, Massachusetts, Oct. 3 -- Ropes and Gray, a law firm, issued the following news:
On Monday, U.S. District Judge Kathryn Kimball Mizelle ruled that qui tam relators, who have been allowed to file lawsuits under the False Claims Act, are essentially acting as "officers of the United States," and thereby violating the U.S. Constitution's Appointments Clause requiring such officers to be appointed by the president, a court or the head of a federal department.
On Monday, U.S. District Judge Kathryn Kimball Mizelle ruled that qui tam relators, who have been allowed to file lawsuits under the False Claims Act, are essentially acting as "officers of the United States," and thereby violating the U.S. Constitution's Appointments Clause requiring such officers to be appointed by the president, a court or the head of a federal department.