Sixth Circuit Declines Constitutional Challenge to FCA Provision

Ohio-based TriHealth Inc. and other health-care providers failed to convince the US Court of Appeals for the Sixth Circuit to consider whether two whistleblowers’ False Claims Act suits against them should be dismissed as unconstitutional under Article II.

An interlocutory appeal to determine if whistleblower suits violate the appointments clause isn’t necessary, because the court decided that such suits are constitutional in a 1994 opinion in United States ex rel. Taxpayers Against Fraud v. Gen. Electric Co., the Sixth Circuit said in a Friday order denying TriHealth’s petition.

• An Ohio federal district court in July said the Sixth Circuit ...