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Post-Polansky, the Department of Justice (DOJ) has increasingly flexed its clarified authority under § 3730(c)(2)(A) to intervene and seek dismissal of qui tam actions at any stage of litigation.
With post-Polansky constitutional challenges like U.S. ex rel. Zafirov v. Florida Medical Associates LLC and U.S. ex rel. Shepherd v. Fluor Corporation already brewing, it seems only a matter of time before the Supreme Court decides the fate of the False Claims Act's (FCA) qui tam provisions.
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