UNITED STATES of America ex rel. Joyce RILEY, Plaintiff,
v.
ST. LUKE'S EPISCOPAL HOSPITAL, et al., Defendants.
United States District Court, S.D. Texas, Houston Division.https://leagle.com/images/logo.png
October 21, 1997.
October 21, 1997.
Attorney(s) appearing for the Case
Frank W. Hunger, Asst. Atty. Gen., Michael F. Hertz, Joyce R. Branda, Rosemary A. Filou, Attys., Civ. Div., U.S. Dept. of Justice, Commercial Litigation Branch, Washington, DC, for U.S.
Carol S. Barnes, ARM, Office of Risk Management, Ins. Manager, Baylor College of Medicine, Houston, TX, Samuel S. Crocker, Vice President for Legal Affairs, Baylor College of Medicine, Houston, TX, Barry Aranowitz, Directors and Officers Liability, A.I. Management and Professional Liability Claim Adjusters, New York, NY, Carol Resh, Sr. Claims Administrator, Johnson & Higgins of Texas, Inc., Houston, TX, for Defendant Baylor College of Medicine.
Jim M. Perdue, Sr., JoAnn Bennett, Jim M. Perdue, Jr., Houston, TX, for Qui Tam Plaintiff/Relator.
L. Boyd Smith, Jr., Vinson & Elkins, L.L.P., Houston, TX, for St. Luke's Hosp., Dr. Branislav Radovancevic and Texas Heart Institute.
Toni Hunter, Office of Atty. Gen., Austin, TX, for University of Texas Health Science Center.
Jeffrey B. McClure, Mayor, Day, Caldwell & Keeton, L.L.P., Jeffrey D. Meyer, Houston, TX, for Defendants Surgical Associates of Texas, P.A. and O. Howard Frazier, M.D.
Brian P. Johnson, Hanen, Alexander, Johnson & Spalding, Houston, TX, for Defendant Edward K. Massin, M.D.
United States District Court, S.D. Texas, Houston Division.
MEMORANDUM OPINION
HOYT, District Judge.
This qui tam suit filed under the False Claims Act ("FCA") raises a significant issue of constitutional proportions: whether the federal Constitution permits Congress to confer standing upon a qui tam plaintiff who has suffered no cognizable injury under Article III of the Constitution. The Court concludes that Congress may not do so, consistent with the principles of "separation of powers."
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