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Certiorari False Claims Act (FCA)

Dorsey & Whitney LLP

The Supreme Court Update - June 17, 2024

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Today, the Supreme Court of the United States granted certiorari in four cases: NVIDIA Corp. v. E. Ohman J:or Fonder AB, No. 23-970: This securities case addresses the Private Securities Litigation Reform Act’s (“PSLRA”)...more

Katten Muchin Rosenman LLP

United States ex rel. Polansky v. Executive Health Resources, Inc, et al.: Supreme Court Clarifies Standard Under Which Government...

Today, the Supreme Court issued a decision in United States el rel. Polansky v. Executive Health Resources, Inc., et al, clarifying that the government maintains authority to dismiss a qui tam False Claims Act (FCA) action...more

Holland & Knight LLP

"Hard Cases:" Supreme Court Hears Arguments on FCA Scienter Issue

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The U.S. Supreme Court on April 18, 2023, heard oral arguments on a critical issue in False Claims Act (FCA) cases – the defendant's state of mind (i.e., scienter). The statute ascribes liability to anyone who "knowingly"...more

Clark Hill PLC

The False Claims Knowledge Requirement: One Size Fits All?

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As noted in a previous Clark Hill legal alert, the Supreme Court granted certiorari and will hear (in April) oral argument in two important cases (now consolidated) involving interpretation of a critical element of the False...more

Amundsen Davis LLC

FCA’S Scienter Standard: To Change or Not To Change, That is the Question

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The Supreme Court recently decided to take a closer look at the False Claim Act’s (FCA) Scienter Standard after two contentious Seventh Circuit case panel rulings. See U.S. ex rel Schutte v. SuperValu Inc., No. 21-1326, and...more

McGuireWoods LLP

Supreme Court to Determine Whether False Claims Act Liability Is Precluded Where Defendants Proffer an Objectively Reasonable...

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On January 13, 2023, the Supreme Court granted a writ of certiorari to petitioners in two False Claims Act cases to determine whether the False Claims Act’s knowledge requirement reaches defendants who can offer an...more

Vinson & Elkins LLP

Cruel (FCA) Intentions? Supreme Court Set to Review FCA Scienter Standard

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On January 13, 2023, the Supreme Court granted certiorari in two consolidated cases from the Seventh Circuit to consider whether a defendant relying on an objectively reasonable interpretation of an ambiguous law acts...more

Clark Hill PLC

United States To Address Important Standard Under False Claims Act

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Recently, the United States Supreme Court granted certiorari to two False Claims Act (“FCA”) cases to determine whether a defendant who acted with an “objectively reasonable” interpretation of the law can still be liable for...more

Jackson Walker

US Supreme Court to Decide Whether the Government Can Prove Knowledge When the Defendant’s Regulatory Interpretation Is...

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The United States Supreme Court recently granted certiorari in a pair of cases out of the Seventh Circuit that will finally resolve a longstanding circuit split on the question of “scienter” under the False Claims Act...more

Foley & Lardner LLP

Supreme Court Grants Cert on FCA Scienter Cases

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The Supreme Court has agreed to review Seventh Circuit rulings in a critical pair of False Claims Act (FCA) cases that will have a significant impact on whether FCA defendants can continue to argue that an objectively...more

Seyfarth Shaw LLP

Supreme Court to Resolve Whether “Objectively Reasonable” Interpretation of Legal Obligation Insulates Defendants from False...

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Seyfarth Synopsis: On January 13, 2023, the United States Supreme Court granted certiorari on a pair of hotly contested Seventh Circuit decisions, paving the way for a decision that will dramatically impact the way in which...more

Jones Day

U.S. Supreme Court to Determine Scienter Standard for False Claims Act Cases

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In a momentous event for False Claims Act cases throughout the country, the Supreme Court has granted certiorari to decide the applicable scienter standard....more

PilieroMazza PLLC

The FCA at the Supreme Court, Part 1 of 4: The Government’s Right to Dismiss a Whistleblower Claim

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The False Claim Act (FCA) is seeing quite a bit of action at the Supreme Court this term, with multiple cases under consideration. This is the first installment in PilieroMazza’s blog series on “The FCA at the Supreme Court”...more

Mintz - Health Care Viewpoints

Supreme Court Justices Agree to Hear Second FCA Issue This Term

As many of our readers are likely aware, last week the Supreme Court agreed to hear a second False Claims Act (FCA) issue this term. Having previously accepted and heard argument on a case concerning the government’s...more

Morgan Lewis

US Supreme Court to Address Scienter Standard Under False Claims Act

Morgan Lewis on

In what could be the most significant development for False Claims Act (FCA) jurisprudence since Universal Health Services v. United States ex rel. Escobar, on January 13, 2023, the US Supreme Court agreed to consider whether...more

Morrison & Foerster LLP - Government...

Supreme Court To Consider The False Claims Act’s Intent Standard

On Friday, January 13, the Supreme Court agreed to consider whether the False Claims Act (“FCA”) covers compliance lapses tied to regulatory interpretations that are incorrect but “objectively reasonable.” The Supreme Court...more

WilmerHale

Supreme Court To Decide Significant Case on False Claims Act's Scienter Standard

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On January 13, 2023, the Supreme Court granted certiorari in a pair of consolidated cases from the Seventh Circuit that could result in one of the most consequential False Claims Act (FCA) decisions since the FCA was amended...more

Husch Blackwell LLP

U.S. Supreme Court Grants Cert in Pair of Key False Claims Act Cases

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The United States Supreme Court started the long weekend on Friday evening by announcing it would hear a consolidated pair of cases that should clarify a critical aspect of the False Claims Act (FCA). These cases are worth...more

Dorsey & Whitney LLP

The Supreme Court Update - January 13, 2023

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On Friday, January 13, the Supreme Court of the United States granted certiorari in eight cases: U.S. ex rel. Schutte v. SuperValu Inc.; U.S. ex rel. Proctor v. Safeway, Inc., Nos. 21-1326, 22-111: These consolidated...more

Bradley Arant Boult Cummings LLP

Court’s FCA Ruling Opens Door for SCOTUS Review

A Fourth Circuit ruling in a False Claims Act case has created a 4-4 circuit split over the issue of the act’s knowledge requirement, Bradley partner Elisha Kobre explains. This makes the issue ripe for the US Supreme Court,...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Supreme Court to Resolve a Circuit Split Involving Qui Tam Actions

The Court will decide whether the government can dismiss qui tam actions after initially declining to intervene and what standard courts should apply to the government’s dismissal request. The Supreme Court agreed to...more

Polsinelli

SCOTUS to Determine Key Aspects of Government Dismissal Authority in FCA Cases

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The United States Supreme Court recently agreed to hear a case interpreting the False Claims Act (“FCA”) that may affect the government’s involvement in pending and future matters. To resolve a circuit split, the Court will...more

Wiley Rein LLP

Supreme Court to Consider DOJ’s Dismissal Authority in False Claims Act Qui Tam Cases

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What: The U.S. Supreme Court recently granted certiorari on a petition seeking to curtail the U.S. Department of Justice’s (DOJ) ability to dismiss False Claims Act (FCA) qui tam cases, even if DOJ has determined that the...more

Morgan Lewis

Supreme Court Wades into Academic Dispute over Government Dismissal in Non-Intervened Qui Tam Cases

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The US Supreme Court’s June 21 order granting certiorari in Polansky v. Executive Health Resources signals the Court’s intention to settle a circuit court split on the procedure and standard by which the government can...more

Dorsey & Whitney LLP

SCOTUS to Address Government’s Authority to Dismiss FCA Cases

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The United States Supreme Court recently granted review of a decision from the Third Circuit that affirmed the dismissal of an FCA case at the government’s request. Polansky v. Exec. Health Res., 17 F.4th 376, 393 (3d Cir....more

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