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Category: 11th Circuit

11th Circuit / Standing

17 Dec, 2025

The Eleventh Circuit Hears Oral Argument in Zafirov: The Case that Could Upend Qui Tam Litigation

On December 12, 2025, the Eleventh Circuit heard oral arguments in United States ex rel. Zafirov v. Florida Medical Associates, an appeal challenging relators’ authority to bring claims under the qui tam provisions of the False Claims Act and the Vesting, Take Care, and Appointments Clauses (see here for a summary of the arguments made at briefing).  While drawing conclusions from oral argument is fraught...

11th Circuit / Relators

9 Dec, 2025

Eleventh Circuit to Hear Argument on Article II Challenge to FCA Qui Tam Provisions in Zafirov

Under the False Claims Act (FCA), private individuals—i.e. qui tam relators—file suit on behalf of the government against individuals or organizations, seeking to redress alleged frauds on the government.  See 31 U.S.C. § 3730(b).  The FCA’s qui tam provisions have faced constitutional challenges in the past.  But until recently, courts have almost uniformly turned those challenges away, often emphasizing the statute’s “long pedigree” and the...

11th Circuit / Relators / Statute of Limitations

19 Apr, 2018

In One Decision, The Eleventh Circuit Creates Two Circuit Splits

Rejecting the views of the Fourth and Tenth Circuits, the Eleventh Circuit held the FCA’s three year statute of limitations period in § 3731(b)(2) applies to a relator’s claim even when the United States declines to intervene, and in so doing held it is the knowledge of a government official, not the relator, that triggers the three year limitations period, rejecting the contrary view of...