Calfee Insurance and Litigation Attorneys Author Article for Corporate Counsel, "Recent Controversial Decision and Insurance Law May Mitigate Exposure for Companies Subject to False Claims Act Lawsuits"

Calfee attorneys Tae Andrews (Senior Counsel, Insurance Coverage), Fritz Berckmueller (Partner, Litigation) and Mike VanBuren (Partner, Health Care Regulation) co-authored the article, "Recent Controversial Decision and Insurance Law May Mitigate Exposure for Companies Subject to False Claims Act Lawsuits," which was published on February 7, 2025, by Corporate Counsel.

The article analyzes the False Claims Act and best practices related to insurance coverage for policyholders within the context of a surprising 2024 court decision that may render all currently pending qui tam lawsuits unconstitutional.

The article states, "In United States v. Florida Medical Associates, LLC, the United States District Court for the Middle District of Florida ruled that the [FCA's] qui tam provision violates the Appointments Clause of Article II of the U.S. Constitution, as relators are 'officers of the United States' and therefore must be appointed by the president to survive constitutional scrutiny. Because the president did not appoint the relator in question, the court held that she was improperly appointed and dismissed the case. If the decision stands, it could upend False Claims Act jurisprudence."

Read the full Corporate Counsel article at law.com. or click the image below to view a PDF of the article, which has been reprinted with permission from ALM.