Fraud Law’s Constitutionality to Be Assessed in Another Appeal

Ohio-based TriHealth Inc. failed to convince a federal district court that a whistleblower’s False Claims Act suit alleging a fraudulent kickback scheme should be dismissed, but an appeals court must address whether such a suit is constitutional.

Recent developments in US Supreme Court caselaw could cause reasonable jurists to disagree as to whether the FCA violates Article II, Judge Douglas R. Cole, of the US District Court for the Southern District of Ohio, said in a Monday order that certified whistleblower Timothy Murphy’s suit for an interlocutory appeal to the US Court of Appeals for the Sixth Circuit.

Cole issued ...