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Expert Analysis

SuperValu's Lesson: Always Be Building An FCA Defense

By David Resnicoff and Andrew Patton ( June 27, 2023, 4:34 PM EDT) -- On June 1, the U.S. Supreme Court unanimously confirmed that scienter — the defendant's subjective state of mind — is an essential element of False Claims Act liability. In its U.S. v. SuperValu Inc decision, the court rejected a contrary view by the U.S. Court of Appeals for the Seventh Circuit, which held that subjective intent is irrelevant to the inquiry and that instead, the controlling question was whether the defendant's view of the matter was objectively reasonable....

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