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Supreme Court Overturns FCA Scienter Cases

The Supreme Court today issued its ruling on one of the most significant False Claims Act (FCA) cases it has considered in the last several years. In the consolidated cases of United States ex rel. Schutte et al. v. SuperValu...more

“Objectively Reasonable” Interpretation Defeats FCA Knowledge in 4th Circuit

The Fourth Circuit Court of Appeals is now the latest in a growing number of courts holding that an objectively reasonable interpretation of governing law defeats the requisite element of intent or “scienter” under the False...more

Seventh Circuit Endorses Objective Reasonableness as a Defense under the FCA

In a much-awaited Seventh Circuit decision, the court joined four other circuits in endorsing the “objective reasonableness” defense under the federal False Claims Act (FCA). In a 2-1 panel decision, the court not only upheld...more

Supreme Court Declines to Resolve Circuit Split on FCA “Objective Falsity” Issue

On Monday February 22, 2021, the U.S. Supreme Court declined to grant certiorari in CareAlternatives v. United States (CareAlternatives), a case on appeal from the Third Circuit that could have assessed the issue of...more

Challenging Physician Judgment: Is Your Institution Exposed to False Claims Act Liability?

Many health care providers treating senior patients rely on Medicare reimbursement and undertake significant measures to ensure proper billing and compliant practices. However, providers across the country may soon be subject...more

Supreme Court Maximizes Statute of Limitations for Relators Suing Under the False Claims Act

Health care providers, government contractors, and others who receive money from the federal government are at greater risk of suit under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq., following the Supreme Court’s...more

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