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Kayla Kaplan

As seen in: Nature, Business Wire, Law360, JD Supra, Neurology, Lexology, Corporate Compliance Insights, Law360 UK, VitalLaw

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Articles

Eleventh Circuit Rejects One Constitutional Challenge but Leaves Open Questions on FCA Qui Tam Provisions, Wolters Kluwer

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By Douglas W. Baruch, Kayla Kaplan, Ryan McCarthy, Ryan Mccarthy
| morganlewis.com
Partners Douglas Baruch, Kayla Stachniak Kaplan, Ryan McCarthy, Jaclyn Unis Whittaker, and Jennifer Wollenberg and associates Nicole Shammo and Jonathan Wilt co-authored a Wolters Kluwer article about an Eleventh Circuit decision rejecting an Appointments Clause challenge to the False Claims Act’s (FCA’s) qui tam provisions while leaving other constitutional questions unresolved.
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Health Law Daily Wrap Up , EXPERT INSIGHTS: Eleventh Circuit rejects one constitutional challenge but leaves open questions on FCA qui tam provisions , (Sep 15, 2026)

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By Douglas W. Baruch, Kayla Kaplan, Ryan McCarthy, Ryan Mccarthy
| VitalLaw
By Douglas W. Baruch ; Kayla Stachniak Kaplan; Ryan P. McCarthy; Jaclyn Unis Whittaker; Jennifer M. Wollenberg; Nicole Shammo; Jonathan Wilt The Eleventh Circuit rejected the argument that the qui tam provisions are unconstitutional under the Appointments Clause. On September 1, 2026, in a much-anticipated ruling, the Eleventh Circuit vacated a 2024 Middle District of Florida decision ruli ...
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Eleventh Circuit Rejects One Constitutional Challenge But Leaves Open Questions on FCA Qui Tam Provisions

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By Douglas W. Baruch, Kayla Kaplan
| JD Supra
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.
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