On Sept. 30, U.S. District Judge Kathryn Kimball Mizelle dismissed U.S. ex rel. Zafirov v. Florida Medical Associates LLC,[1] holding that the qui tam provisions of the False Claims Act[2] are unconstitutional because they violate the appointments clause of the U.S. Constitution [3]

The decision from the U.S. District Court for the Middle District of Florida is a remarkably bold one, both in that it sets aside a frequently used federal statute and rejects a substantial body of precedent.

Precedent Upholding Constitutionality of FCA Qui Tam

The Zafirov defendants' challenge to the constitutionality of the FCA's qui tam provisions as been made previously before dozens of courts, and — until Zafirov — every court to rule upon the argument has rejected it.

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