False Claims Act -- 2000



Vermont Agency of Natural Resources v. United States ex rel. Stevens   (U.S. Supreme Court)

Qui tam suits

The Second Circuit held that the False Claims Act, 31 U.S.C. ยง 3729-3733, authorizes private relators to bring qui tam suits against states, and that such suits are not barred by the Eleventh Amendment. Shortly before oral argument, the Supreme Court asked for supplemental briefing on whether a qui tam relator has Article III standing. Reversing the Second Circuit, the Supreme Court held that although a qui tam relator has Article III standing to sue as an assignee of the United States, the False Claims Act does not authorize qui tam suits against states. Because it resolved the case on statutory grounds, the Court did not reach the Eleventh Amendment question. The NAM had challenged the standing of qui tam plaintiffs, but the issue was never reached.