Photo courtesy of the Young Law Firm.
While litigation under the False Claims Act (FCA) generally can be rather complex, bringing actions under this statute against state agencies involves the additional issue of potential immunity under the Eleventh Amendment. The inquiry as to whether a given state agency can successfully assert such immunity is nuanced and the analysis will vary depending on the jurisdiction in which the case is brought. At the most basic level, the resolution of this issue depends on how the agency is treated under state law. Specifically, courts will look at factors such as how much autonomy the agency has from the state government as such and how much of its funding comes from the state.