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Expert Analysis

Why Justices' SuperValu Ruling Wasn't Quite A 'Seismic Shift'

By Sean O' Connell, Thomas Barnard and Nicole Kuprovska ( July 26, 2023, 5:10 PM EDT) -- Is subjective intent relevant to FCA claims? The U.S. Supreme Court recently answered yes, holding in its highly anticipated decision in the joined cases of U.S. v. Safeway Inc. and U.S. v. SuperValu Inc. that FCA liability turns on what a defendant actually believed, not on what an objectively reasonable person may have believed.[1]...

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