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

  1. April 18, 2023

    ​​​​​​​High Court Poised To Reject Objective FCA Scienter Rule

    The U.S. Supreme Court appeared to be leaning Tuesday toward overturning circuit court rulings that acting knowingly under the False Claims Act can be determined without considering subjective intent, but provided mixed signals on how broad its decision will be.

  2. April 14, 2023

    FCA Bar Jittery As 'Game-Changing Case' Goes To Justices

    With one of the highest-stakes showdowns in the False Claims Act's modern history set for U.S. Supreme Court arguments Tuesday, the specter of a doomsday decision is rattling the defense and plaintiffs bars, but each side has genuinely good odds of dodging disaster, lawyers say.

  3. April 14, 2023

    The Sidley Atty Battling FCA Scienter Standard At High Court

    Sidley Austin LLP’s Carter Phillips is set to argue for the 90th time before the U.S. Supreme Court on Tuesday, in a case that will be his first False Claims Act dispute at the court and the most high-profile FCA clash since 2016. Here, he talks to Law360 about the gravity of oral argument and how his preparation strategies have changed since his first appearance in 1982.

  4. April 14, 2023

    The History-Making Atty In A Historic FCA High Court Fight

    As the clock ticks down to U.S. Supreme Court arguments in one of the False Claims Act's most consequential cases ever, the trailblazing lead lawyer for whistleblowers told Law360 how he hopes to navigate an ideological minefield, how he discovered a nearly empty niche in the red-hot FCA realm, and how a "chicken-and-egg" dynamic hampers diversity at the nation's highest court.

  5. April 14, 2023

    Up Next At High Court: Direct Listings And FCA Showdown

    The U.S. Supreme Court will kick off its final oral argument session of the term this coming week with a major showdown between whistleblowers and the False Claims Act defense bar, along with a case examining investor class actions stemming from a novel way for companies to go public. Here, Law360 highlights what to expect.

  6. April 07, 2023

    High Court Told FCA Knowledge Standard Clearly Subjective

    Whistleblowers in a high-profile dispute over what counts as acting "knowingly" under the False Claims Act urged the U.S. Supreme Court on Friday to ensure subjective factors are part of that determination, arguing that is clearly how the law is written.

  7. March 28, 2023

    Biz Groups Ask High Court To Use 'Objective' FCA Standard

    Twenty industry groups urged the U.S. Supreme Court on Tuesday to back an "objectively reasonable" standard for determining when a defendant has acted "knowingly" under the False Claims Act, saying companies shouldn't risk punishment for trying to interpret unclear policies.

  8. March 21, 2023

    High Court Urged To Back Objective FCA Knowledge Standard

    Two retailers told the U.S. Supreme Court on Tuesday that the Seventh Circuit had correctly found that their "objectively reasonable" interpretations of an ambiguous federal drug pricing requirement did not count as knowing misconduct, required for False Claims Act liability.

  9. March 20, 2023

    Justices Let Gov't Join FCA Scienter Args, Balk At Extra Time

    The U.S. Supreme Court said Monday that the federal government could participate in arguments over whether the False Claims Act covers false claims with "objectively reasonable" explanations, after the government argued it had a "substantial interest" in the case.

  10. March 18, 2023

    50 Years In, Industry Has Knives Out For Potent Kickback Law

    After 50 years of existence, the nation's signature statute criminalizing health care corruption faces a moment of truth amid industry-led legal challenges and new circuit splits — an inflection point with clear echoes of the landmark law's turbulent evolution into a formidable fraud fighter, attorneys told Law360.

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