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United States ex rel. Tracy Schutte, et al., Petitioners v. SuperValu Inc., et al.

  1. September 15, 2023

    High Court's New FCA Ruling Is Quickly Making Trials Likelier

    The U.S. Supreme Court's endorsement of False Claims Act exposure for purportedly inadvertent compliance blunders is forcing more companies to settle or roll the dice at trials, which rarely occur in the FCA realm because of fearsome financial risks, according to attorneys and early interpretations of the high court's holding.

  2. July 21, 2023

    The Litigation Jolting Health & Life Sciences In 2023's 2nd Half

    A head-spinning spree of rulings and new lawsuits in 2023's first half is reverberating across the health care industry and auguring a dizzying denouement in the year's final months that may well upend assumptions about drug prices and approvals, the False Claims Act and the powers of federal regulators.

  3. July 14, 2023

    Top Government Contracts Cases Of 2023: Midyear Review

    This year has already been an impactful one for government contracting lawyers, with the highest-profile False Claims Act decision in years, another decision that has raised questions about the constitutionality of whistleblower FCA cases, and COVID-19-related rulings on the president's procurement authority. Here, Law360 looks at the top court rulings on government contracts so far in 2023.

  4. July 05, 2023

    FCA Defense Bar Tries Flipping Script On High Court Ruling

    After the U.S. Supreme Court recently fortified barriers to escaping False Claims Act suits, defense counsel have started trying to turn the stumbling blocks into stepping stones, insisting the justices actually made matters harder for FCA plaintiffs alleging fraud and retaliation.

  5. June 30, 2023

    Justices Order FCA Do-Overs After SuperValu Intent Ruling

    The U.S. Supreme Court on Friday told the Fourth and Eleventh circuits to revisit closely watched whistleblower cases targeting units of Allergan and Abbott Laboratories, teeing up tests of the high court's new ruling on the meaning of intentional fraud under the False Claims Act.

  6. June 12, 2023

    DOJ Sees Far-Reaching Victory In High Court's FCA Ruling

    The U.S. Supreme Court's ruling that faulty yet reasonable compliance views can trigger False Claims Act liability is undermining defense bar positions in wide-ranging contexts, including a new circuit split over FCA cases involving kickbacks, according to the U.S. Department of Justice.

  7. June 01, 2023

    Thomas Burnishes False Claims Act Crown With 9-0 Decree

    Justice Clarence Thomas rallied the U.S. Supreme Court on Thursday to crush a corporate crusade against False Claims Act cases targeting improper yet "objectively reasonable" billing, and the resounding ruling cemented his status as the high court's king of FCA interpretation.

  8. June 01, 2023

    High Court Opens Up Uncertainty On FCA Recklessness

    As the U.S. Supreme Court answered one pressing question about the False Claims Act's scienter requirement Thursday, it raised a new issue about what counts as a "substantial and unjustifiable risk" that a claim for payment is false, experts said.

  9. June 01, 2023

    Justices Say FCA Liability Hinges On Defendants' Beliefs

    The U.S. Supreme Court ruled Thursday that liability in False Claims Act suits depends on whether defendants believed their claims were false and not on whether they had made an "objectively reasonable" interpretation of law or regulation.

  10. April 19, 2023

    Landmark FCA Showdown Looking Like Defense Bar Letdown

    After months of anticipation that the U.S. Supreme Court might strengthen corporate America's hand in False Claims Act litigation, the high court on Tuesday abruptly deflated defense bar buoyancy by foreshadowing an outcome that's not only narrow but also largely favorable to whistleblowers and the U.S. Department of Justice.

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