Are Whistle Blower Qui Tam Provisions Constitutional?

Subscribe today to listen to this content Get Access

United States District Judge Kathryn Kimball Mizelle for the United States District Court for the Middle District of Florida recently ruled that the qui tam provisions of the False Claims Act are unconstitutional.

The defendants had argued that the False Claims Act’s qui tam provisions violated Article II of the Constitution’s Appointments Clause. In the order, Judge Mizelle granted the defendants’ motion for judgment on the pleadings and dismissed the case with prejudice as to Clarissa Zafirov, M.D.