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Riley v. St. Luke's Episcopal Hospital
(5th Circuit)
Qui tam suits under False Claims Act
The Fifth Circuit ruled 5/25/01 that qui tam lawsuits, suits brought under the False Claims Act, do not violate the Take Care and Appointments Clauses of the Constitution. The NAM filed an amicus brief asking that prosecutorial authority be returned to the executive branch, rather than to allow private suits, but the court found no constitutional problem with the suits. This is true even when the Justice Department deems cases unworthy of pursuit.
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