Clarissa Zafirov v. Florida Medical Associates, LLC

Summary

The court held that relators pursuing qui tam actions under the False Claims Act are not officers of the United States subject to the Appointments Clause because they do not occupy a continuing position established by law. Their temporary, case-specific tenure, contingent compensation, and personal duties mean the constitutional appointment requirement does not apply. The court vacated the dismissal and remanded for consideration of the defendants’ unresolved Take Care Clause and Vesting Clause arguments.