Eleventh Circuit Rejects One Constitutional Challenge But Leaves Open Questions on FCA Qui Tam Provisions
Morgan Lewis – On September 1, 2026, in a much-anticipated ruling, the Eleventh Circuit vacated a 2024 Middle District of Florida decision ruling that the qui tam provisions of the False Claims Act were unconstitutional under Article II’s Appointments Clause. The case—United States ex rel. Zafirov v. Florida Medical Associates, LLC—has now been remanded to the district court for further consideration of whether the provisions violate Article II’s Vesting and Take Care clauses.
