Daniel L. Russell Jr. and Michael Granston were quoted in a Law360 article about government contracts cases to watch in 2026. Dan explores the U.S. Supreme Court case GEO Group v. Menocal on contractor immunity and whether GEO Group can immediately appeal a ruling denying its immunity defense. Michael addresses a pending Eleventh Circuit appeal, Zafirov v. Florida Medical Associates, that could upend the False Claims Act’s qui tam provisions.
Dan noted that the justices appeared skeptical of GEO’s argument that the Supreme Court’s Yearsley decision provides government contractors with immunity from suit. “Several of the justices pointed out during the argument that the Yearsley decision itself doesn't mention immunity. They also questioned whether the nature of the defense, as described in Yearsley and subsequent decisions, is more appropriately viewed as a defense to liability again versus an immunity from suit.”
Dan added, “If the majority of the court believes Yearsley is a defense to liability, then I think they're going to rule that there is no right to an immediate appeal, and based on the questioning, that seems to be the way that the court is leaning.”
Speaking separately about Zafirov, Michael noted that if the Eleventh Circuit affirms the district court’s ruling rejecting whistleblowers' ability to pursue FCA cases in which the government declines to intervene, an entire avenue of FCA litigation would be eliminated — a change with significant implications given the size of recent verdicts in declined cases.
Michael said, “Some of these cases have resulted over the last several years in some very large verdicts, and so that alone is a reason why I think people would view a decision that no longer allows relators to pursue declined cases as a significant change to the False Claims Act landscape.”
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