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Reimbursements False Claims Act (FCA) Supreme Court of the United States

WilmerHale

Supreme Court Rules E-Rate Reimbursement Requests Are “Claims” Under the False Claims Act

WilmerHale on

On February 21, 2025, the Supreme Court unanimously held that requests for reimbursement from a privately administered fund qualified as “claims” under the False Claims Act (FCA) because the government “provide[d]” a...more

Saul Ewing LLP

U.S. Supreme Court Hears Oral Argument in False Claims Act Case

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The U.S. Supreme Court recently heard arguments in Wisconsin Bell, Inc. v. United States ex rel. Todd Heath, Docket No. 23-1127, a case in which the Court agreed to review whether reimbursement requests submitted to the...more

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - October 2024

Morrison & Foerster LLP on

Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

McCarter & English Blog: Government Contracts...

Wisconsin Bell: Testing the Elasticity of False Claims Act’s Scope

Just how broad is the scope of the False Claims Act (FCA)? That is the basic question posed in Wisconsin Bell, Inc. v. U.S. ex rel. Heath, No. 23-1127. Put more directly, the case addresses whether reimbursement requests...more

ArentFox Schiff

Investigations Newsletter: SCOTUS Declines to Hear False Claims Act Challenge

ArentFox Schiff on

SCOTUS Declines to Hear False Claims Act Challenge - On January 22, the US Supreme Court denied a petition to hear a challenge to a Fifth Circuit Court of Appeals decision that upheld scienter and False Claims Act (FCA)...more

Ballard Spahr LLP

Supreme Court’s SuperValu Decision: a Game-Changer for Assessing FCA Violations

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Summary - On June 1, 2023, the Supreme Court issued a landmark decision in False Claims Act cases. In United States ex rel. Schutte v. SuperValu Inc., it unanimously held that liability under the False Claims Act depends...more

Schwabe, Williamson & Wyatt PC

Supreme Court FCA Decision and NLRB GC Memo on Non-Competes

Two important decisions, one by the United States Supreme Court and one by the General Counsel for the National Labor Relations Board (“NLRB”), were issued this week and may be of interest to government contractors and...more

ArentFox Schiff

Investigations Newsletter: Supreme Court Again Tightens FCA Intent, But Tricky Questions Linger

ArentFox Schiff on

The US Supreme Court brushed aside novel assertions from two pharmacy retailers on June 1 and ruled unanimously that False Claims Act liability hinges on whether defendants subjectively believed their claims were “false.” In...more

Davis Wright Tremaine LLP

Supreme Court Clarifies FCA Scienter Standard – Overturns 7th Circuit Decision

Ruling in case involving national retail pharmacies rejects the “objective reasonableness” standard for the False Claims Act - On June 1, 2023, the U.S. Supreme Court unanimously vacated the 7th Circuit's decision in U.S....more

WilmerHale

High Court Hears Important Case on False Claims Act’s Scienter

WilmerHale on

On April 18, the Supreme Court heard oral argument and what has been billed as the most important False Claims Act (FCA) case in a decade. Since the FCA was enacted in the Civil War era, it has been the primary tool for the...more

McCarter & English Blog: Government Contracts...

Knowing IS the Battle: Supreme Court to Address the FCA’s Scienter Standard

Scenario 1: A pharmacy chain hires a value consultant to review its Medicare and Medicaid billing practices for ways to optimize the coding of drug reimbursements to maximize profits. Drugs that had historically been charged...more

Snell & Wilmer

Healthcare and Government Contractors Beware: False Claims Act’s “Objective Falsity” Requirement Dispute Between Circuits Persists...

Snell & Wilmer on

Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more

Epstein Becker & Green

Reimbursement Issues Worth Noting: Administrative Law and False Claims Act Implications

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News of two distantly related reimbursement issues with administrative law and False Claims Act (“FCA”) implications is worth noting....more

Perkins Coie

SCOTUS Decision on Implied Certification Theory of Liability Under FCA Leaves Many Questions Unanswered

Perkins Coie on

The U.S. Supreme Court handed down an important decision on June 16, 2016 that expands the scope of liability under the False Claims Act, 31 U.S.C. §§ 3729-3733, (the FCA). In Universal Health Services, Inc. v. United...more

Latham & Watkins LLP

SCOTUS Oral Argument Suggests FCA Implied Certification Theory Is Here to Stay – But Perhaps with Limits

Latham & Watkins LLP on

Oral argument in Universal Health indicates Justices disinclined to categorically reject False Claims Act implied certification theory, though may limit its scope. On April 19, 2016, the United States Supreme Court heard...more

Faegre Drinker Biddle & Reath LLP

Supremes Hear Argument on Implied Certification Theory

On April 19 the U.S. Supreme Court heard oral argument in Universal Health Services v. U.S. ex rel. Escobar. That’s the case in which the First Circuit upheld a whistleblower suit brought against a mental health clinic that...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court to Hear False Claims Act "Implied Certification" Appeal

The U.S. Supreme Court will hear oral argument on April 19, 2016, in United Health Services v. United States ex rel. Escobar, No. 15-7, a case likely to resolve the current split among federal appellate courts on the...more

PilieroMazza PLLC

U.S. Supreme Court’s Upcoming Ruling on False Claims Act Case May Have Major Impact on Government Contractors

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The U.S. Supreme Court is set to hear oral arguments next month in a False Claims Act (“FCA”) case that could significantly broaden the scope of the statute and resolve a split among the U.S. Circuit Courts. If the Supreme...more

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