The Ninth Circuit revives a 340B qui tam suit, holding that the FCA remains an independent enforcement mechanism even where the underlying statute lacks a private right of action.
Author: John Libby
FCA Alert: The Eleventh Circuit Rejects the Appointments Clause Challenge to Qui Tam — and Remands Two Constitutional Questions
United States ex rel. Zafirov v. Florida Medical Associates, LLC, No. 24-13581, slip op. (11th Cir. Sept. 1, 2026) (published) | vacating and remanding United States ex rel. Zafirov v. Florida Medical Associates, LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024) Healthcare / False Claims Act — qui tam constitutionality (Appointments Clause) Introduction The […]
340B Alert: The Battle Over Contract Pharmacies
The multi-front litigation over pharma companies' efforts to limit the use of contract pharmacies by 340B covered entities continues, and it’s getting interesting. After courts pushed back on attempts by the U.S. Department of Health and Human Services to require pharma manufacturers to distribute drugs to as many contract pharmacies as the covered entity may […]
FCA Cases – Quarterly Summary by FCA Section (2026 Q2)
Compiled from Westlaw WestClip FCA alerts covering April 1 – June 30, 2026. This document covers the second quarter of 2026 (April 1 – June 30, 2026), continuing the quarterly False Claims Act case summaries. Cases are categorized by statutory provision, with Westlaw citations, courts, and decision dates after each case name. Coverage focuses on […]
FCA Cases – Quarterly Summary by FCA Section (2025 Q3 – 2026 Q1)
Compiled from Westlaw WestClip FCA alerts covering July 1, 2025 through March 31, 2026. This post collects False Claims Act decisions from three quarters — 2025Q3 through 2026Q1 — organized by the statutory provision each decision construes. Westlaw citations, courts, and decision dates follow each case name. Coverage focuses on decisions that bear on an […]