Bass, Berry & Sims attorney Matt Curley discussed developments related to False Claims Act (FCA) in 2025 for an article in Law360. One of the major issues still awaiting a decision is the Eleventh Circuit case challenging the constitutionality of the qui tam provisions of the False Claims Act (FCA).
“All eyes will be on consideration of the constitutionality of the FCA’s qui tam provision and whether the circuit split on the issue of causation continues to deepen in FCA cases in which alleged violations of the Anti-Kickback Statute are at issue,” said Matt. “Consideration of those issues,” he added, “may have the biggest impact on FCA litigation since the Supreme Court’s ruling in Escobar,” a 2016 case centering on the law’s materiality requirement.
Speaking about other FCA developments this past year, Matt said “FCA cases involving the managed care industry will continue to be a primary focus of DOJ’s FCA enforcement efforts. There are a number of key legal issues that are expected to be decided in the coming year, which likely will determine how successful DOJ’s theories of liability might be in those cases.”
The full article, “FCA In 2025: Trump, A Qui Tam Clash And Whopping Penalties,” was published December 16 by Law360 and is available online. Matt also recently commented on the Eleventh Circuit appeal in U.S. ex rel. Zafirov v. Florida Medical Associates, in the article “FCA Bar Eager To Scrutinize 11th Circ. Qui Tam Debate,” which was published by Law360 Healthcare Authority on December 9 and is available online (subscription required).