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.

Facing an FCA suit claiming it sold defective and misbranded devices for knee replacements, Exactech filed a motion to dismiss that tracks a recent dissenting opinion by U.S. Supreme Court Justice Clarence Thomas suggesting the Constitution forbids private litigants from vindicating government interests in court.

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