U.S. Supreme Court Justice Clarence Thomas speaking during the "Law Symposium: Justice Thomas's Thirty-Year Legacy on the Court," in Washington in October 2021. Photo: Diego M. Radzinschi/ALM Taking Cue From Justice Thomas, Defendant Calls Private FCA Suits Unconstitutional
Justice Clarence Thomas, in a June dissent, provided the framework for a constitutional challenge to the False Claims Act.
August 24, 2023 at 07:05 PM
7 minute read
United States Supreme Court
Medical device company Exactech has become the latest defendant to challenge the constitutionality of private False Claims Act suits that the government declines to join.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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