News & Analysis as of

False Claims Act (FCA) › Objective Standard

Health Care Compliance Association (HCCA)

The compliance lessons in the wake of the Supreme Court decision in U.S. ex rel Schutte v. SuperValu, Inc.

Health Care Compliance Association (HCCA) on

The False Claims Act (FCA) permits private individuals to bring lawsuits in the name of the United States—called qui tam—against those they believe have defrauded the federal government: 31 U.S.C. § 3730(b). The FCA thereby...more

Miller Canfield

Supreme Court Ruling Strengthens Government’s Ability to Voluntarily Dismiss Whistleblower Lawsuits

Miller Canfield on

The United States Supreme Court has ruled in an 8-1 decision that the U.S. government has broad authority to dismiss whistleblower actions over the individual whistleblower’s objections so long as the government intervenes...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - June 2023

Venable LLP on

Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. President Signs Fiscal Responsibility Act Suspending Debt Ceiling: The...more

Latham & Watkins LLP

Supreme Court Holds FCA Liability Hinges on Defendants’ Subjective Beliefs as to Falsity

Latham & Watkins LLP on

The Court unanimously held that a defendant’s subjective belief is relevant to scienter under the False Claims Act, even when a defendant’s conduct is consistent with an objectively reasonable interpretation of the law. ...more

Venable LLP

Yes, Contractors and Providers, What You Think Matters - U.S. Supreme Court Unanimously Holds That Defendants' Subjective Beliefs...

Venable LLP on

On June 1, 2023, the U.S. Supreme Court issued a unanimous opinion in United States ex rel. Schutte v. SuperValu Inc. reversing a pair of False Claims Act (FCA) cases on review from the Seventh Circuit Court of Appeals. In...more

Goodwin

The Supreme Court Holds that the False Claims Act’s Scienter Element Turns on Defendant’s Subjective Beliefs, Rejecting Seventh...

Goodwin on

The Supreme Court recently issued a significant decision clarifying what it means to “knowingly” submit a false claim under the False Claims Act. At issue in United States ex rel. Schutte v. SuperValu Inc. were allegations...more

Bass, Berry & Sims PLC

Seventh Circuit Holds FCA Requires Objective Scienter Standard

Bass, Berry & Sims PLC on

The U.S. Court of Appeals for the Seventh Circuit recently joined the ranks of every other circuit court of appeal to have considered the issue in holding that the False Claims Act (FCA) requires an objective scienter...more

Bass, Berry & Sims PLC

Failure to Plead Objective Falsity Dooms Cardiologist’s FCA Complaint

Bass, Berry & Sims PLC on

A number of recent FCA decisions have grappled with the question of objective falsity, particularly in the context of FCA claims where the alleged falsity is premised on a lack of medical necessity in connection with the...more

Proskauer - Whistleblower Defense

Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

Proskauer - Whistleblower Defense on

The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the False Claims Act (FCA). The decision provides important clarifications about how courts may interpret recent amendments to...more

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