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Polanksy dissent shouldn’t get defense bar’s hopes up

Phillips & Cohen partner Colette Matzzie talked to Bloomberg Law on the Supreme Court’s decision in  United States ex rel. Polansky v. Executive. Health Resources Inc. and about Justice Thomas’ dissent.

“Arguments about the FCA’s constitutionality ‘are unlikely to prevail,’ said Colette Matzzie who represents whistleblowers with Phillips & Cohen LLP.

‘Qui tam cases are the Executive Branch’s most effective tool for ensuring recovery of federal program funds. Courts have been nearly unanimous in concluding that they do not unduly interfere with the Executive Branch’s power to execute the law, and the Executive Branch has agreed,’ she said.”

Read the entire article, “Thomas Dissent Could Signal ‘Twilight’ for False Claims Act, ” Bloomberg Law, June 23, 2023.

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