U.S. ex rel. Streck v. Eli Lilly & Co.

Seventh Circuit denies petition for rehearing en banc and declines to review the constitutionality of the qui tam provisions in the False Claims Act, leaving in place a panel opinion upholding a jury finding that defendant acted with scienter and made submissions that were false as a matter of law

November 21, 2025

U.S. Chamber files amicus brief urging Seventh Circuit to grant rehearing en banc and hold that the False Claims Act’s qui tam provisions are unconstitutional because they violate the Vesting Clause, the Appointments Clause, and the Take Care Clause of Article II of the Constitution, and that historical practice cannot salvage the provisions’ affront to Article II

November 03, 2025