Bloomberg Cites Paul Werner on FCA Cases to Watch in 2025

Buttaci Leardi & Werner member Paul Werner was cited in a Bloomberg article titled “Big 2025 FCA Cases Ponder Constitution, Causation, Cybersecurity.” The article previews several disputes False Claims Act (FCA) litigants will be closely watching in 2025.

The editors write that perhaps the most important case to watch is United States ex rel. Zafirov v. Fla. Med. Assocs. LLC, a whistleblower’s suit alleging Medicare fraud, in which a Florida federal court found the FCA’s whistleblower provisions unconstitutional. The court said the case “defies the Appointments Clause by permitting unaccountable, unsworn, private actors to exercise core executive power with substantial consequences to members of the public.”

Werner, who represents FCA defendants in qui tam litigation, tells Bloomberg that it’s unlikely Zafirov will be a one-off case. He says that attorneys will want to expand on the circuit split on this issue to make a stronger argument to get the Supreme Court involved.

The full article can be read at Bloomberg.

• Posted on: Jan 14 2025