July 28, 2025
Federal courts in the latter half of 2025 are expected to decide if government contractors can immediately appeal denials of immunity and scrutinize whether the False Claims Act's whistleblower provision is constitutional, potentially affecting the government's ability to tackle fraud. Here, Law360 previews key disputes that government contractors should have on their radar in the second half of the year.
July 23, 2025
Reeling from a record fraud verdict tied to drug promotion practices, Johnson & Johnson is pursuing a sweeping constitutional challenge to the False Claims Act, and in filings this week at the Third Circuit, major industry allies rallied behind its views of whistleblower litigants usurping executive branch power.
May 06, 2025
The Trump administration's forceful defense of the qui tam provisions of the False Claims Act is significant but not surprising, given the government's increasing reliance on whistleblowers to thwart fraud and abuse.
April 30, 2025
The U.S. Department of Justice told the 11th Circuit on Wednesday that a Florida federal judge was wrong to rule that the provision of the False Claims Act that lets whistleblowers bring suits on the government's behalf was unconstitutional, arguing that the judge erred in saying whistleblowers were an unappointed part of the federal workforce.
March 17, 2025
The U.S. Chamber of Commerce on Monday endorsed a legal challenge aimed at bringing down the whistleblower provisions in the False Claims Act, arguing there is a "manifest conflict between the modern FCA's qui tam provisions and Article II's text."
March 11, 2025
The Federal Trade Commission initiated its first merger challenge since the start of President Donald Trump's current term, arguing that a private equity firm's plans to buy a medical device company would lead to an unlawful level of market concentration.
March 10, 2025
A group of defendants accused of Medicare Advantage fraud urged the Eleventh Circuit on Monday to uphold a decision finding the False Claims Act's whistleblower provision unconstitutional, saying the statutory clause violates the Constitution in multiple ways.
January 07, 2025
The federal government has called on the Eleventh Circuit to uphold the constitutionality of the False Claims Act's whistleblower provisions, saying a Florida district court ruling otherwise is an "outlier" that goes against U.S. Supreme Court precedent.
January 01, 2025
With pivotal health law cases on the docket in 2025, attorneys will be watching how the incoming Trump administration proceeds in ongoing litigation over abortion care, the Affordable Care Act and the Medicare drug price negotiation program.
January 01, 2025
Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.