5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape

By Bradley Markano, Joshua Drew and Jason Workmaster ( May 5, 2025, 5:12 PM EDT) -- In a March concurring opinion in U.S. ex rel. Montcrief v. Peripheral Vascular Associates PA,[1] U.S. Circuit Judge Stuart Kyle Duncan became the latest federal judge to challenge the constitutionality of the qui tam provisions of the civil False Claims Act,[2] joining a growing list of judges and justices who have argued or suggested that those provisions are unconstitutional....

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