In the Matter of the Enforcement of New Jersey False Claims Act Subpoenas (077506) (Essex and Statewide)

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s judgment that the New Jersey False Claims Act does not permit the Attorney General to issue administrative subpoenas after the statutory intervention deadline has expired. The Court based its holding on the plain language and structure of N.J.S.A. 2A:32C‑14(a) and related provisions, rejecting the State’s argument that the NJFCA mirrors the federal FCA’s subpoena limitations. Justice Fernandez‑Vina dissented, arguing that the statute’s plain language grants unrestricted subpoena authority.