No Government Intervention? No FCA Merit In 5th Circ.
August 25, 2011, 12:00 AM EDT
Law360, New York (August 25, 2011, 12:00 AM EDT) -- Twelve years ago, the Fifth Circuit made waves by being the first federal appellate court to hold that the U.S. Constitution prohibits prosecution of False Claims Act cases by relators when the federal government declines to intervene. Riley v. St. Luke’s Episcopal Hosp., 196 F.3d 514 (5th Cir. 1999) (Smith, J.; dissent by Stewart, J.).
A divided Fifth Circuit, in a majority opinion by Judge Carl Stewart, vacated and reversed en banc over a vigorous dissent by Judge Edwin Smith that complained of allowing such actions...