ImpaCtofzafIrov onthefutureofQuItamaCtIonSunderthefaLSeCLaImSaCt labor & Employment law Section
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may influence future cases and appeals . The department of Justice , which has long championed the FCA as a critical anti-fraud tool , has also appealed the decision to the Eleventh Circuit . Additionally , in the intervening months we ’ ve seen the government filing statements of interest in qui tam cases defending the constitutionality of the FCA ’ s qui tam provision . If the case reaches the U . S . Supreme Court , it could lead to
a reevaluation of the FCA ’ s qui tam provision .
For now , defendants in qui tam cases may cite Zafirov as a constitutional defense , potentially prompting other courts to conduct their analyses . The decision also highlights the evolving landscape of judicial interpretation , with originalist judges playing a pivotal role in shaping constitutional arguments .
Legal professionals and stakeholders should closely monitor developments in this area , as they may have far-reaching implications
for the enforcement of the FCA and the broader landscape of whistleblower litigation . n
Authors : A . Brian Albritton & Raquel Ramirez Jefferson – Phelps Dunbar LLP
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