Fla. Agency Immune From FCA Suit As Arm Of State: 11th Circ.

Law360, Miami (January 2, 2014, 8:56 PM EST) -- The Eleventh Circuit ruled Thursday that the South Florida Water Management District was immune to an employee whistleblower's $70 million False Claims Act suit, finding it was entitled to such immunity as an arm of the state under the Eleventh Amendment.

In a precedential ruling, the three-judge panel cited a “coincidence of scope,” as noted by the U.S. Supreme Court, between Eleventh Amendment immunity inquiries and the question of whether states can be sued under the FCA. It joined the Fourth, Fifth, Ninth and Tenth circuits...
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