Eleventh Circuit

The Eleventh Circuit has overturned the Zafirov decision, which had questioned the constitutionality of False Claims Act qui tam lawsuits brought by private relators. The ruling restores the established framework allowing whistleblowers to pursue fraud claims on behalf of the government, easing uncertainty for plaintiffs, defense counsel and federal enforcement efforts in the Southeast.

A bankruptcy court in the Southern District of New York has ruled on whether Section 506(b) of the Bankruptcy Code allows creditors to collect 'reasonable' fees and charges that accrued before a bankruptcy petition was filed. The decision runs contrary to the Fifth and Eleventh Circuits, deepening an existing circuit split on the question. Commentators note the disagreement raises the likelihood that appellate courts, or eventually the Supreme Court, will need to resolve how post-petition versus prepetition fee entitlements are treated in bankruptcy cases.

The Department of Justice has joined President Trump's legal fight against Judge Kathleen Williams. A unanimous Eleventh Circuit panel had left Williams free to enforce restrictions stemming from her finding that Trump used a federal lawsuit to manufacture judicial legitimacy for an administration position. The Justice Department's intervention escalates the dispute, drawing attention to the growing clash between the judiciary and the administration over the case.