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

  1. March 06, 2023

    FCA Review's Coverage Impact Likely Will Be Limited

    The U.S. Supreme Court's review of whether the False Claims Act covers compliance lapses with "objectively reasonable" explanations will likely have limited impact on issues of insurance coverage despite its potential to drastically affect the underlying litigation, attorneys told Law360.

  2. February 24, 2023

    'Crafty' Defense Attys Bombarded In Supreme Court FCA Fight

    Controversial rulings shielding corporations from False Claims Act liability based on "post-hoc rationales" would undermine the anti-fraud law and be a boon for "crafty lawyers," the U.S. Department of Justice, plaintiffs attorneys and others told the U.S. Supreme Court on Friday.

  3. February 22, 2023

    High Court's FCA Showdown Is Already Shaping DOJ Probes

    Months before the U.S. Supreme Court is set to rule on the viability of False Claims Act cases involving murky compliance obligations, defense attorneys are quietly imploring the U.S. Department of Justice not to bring such cases and publicly signaling confidence that a favorable ruling is forthcoming.

  4. February 17, 2023

    FCA Ruling 'Turned Law On Its Head,' Justices Hear

    A set of qui tam whistleblowers told the U.S. Supreme Court Friday that the Seventh Circuit "turned the law on its head" when it shielded two pharmacy chains from False Claims Act claims after finding their compliance lapses were reasonable.

  5. January 19, 2023

    High Court Legacy Of FCA Unity Teeters On Ideological Brink

    The U.S. Supreme Court's reputation for harmoniously handling bitter battles over the False Claims Act's meaning is in a precarious place as the justices ponder fraud liability for purportedly inadvertent compliance errors, an issue that has cleaved lower courts ideologically amid divisive debates over judicial deference to regulators.

  6. January 17, 2023

    Justices Ignite FCA Debate: Fairness Vs. 'Invitation To Fraud'

    A U.S. Supreme Court showdown over False Claims Act punishment for commonplace regulatory violations carries "great importance" for fraud enforcement and is likely to spark congressional and administrative responses if justices severely weaken the powerful law, attorneys say.

  7. January 13, 2023

    Supreme Court Will Scrutinize FCA's Scienter Standard

    The U.S. Supreme Court teed up a landmark fraud ruling by agreeing Friday to assess whether the False Claims Act covers compliance lapses with "objectively reasonable" explanations, a question central to the need for FCA cases to prove that improper billing occurred knowingly.

  8. January 05, 2023

    The Hottest FCA Cases & Trends To Watch In 2023

    The never-not-busy False Claims Act realm will be extra active in 2023 as the U.S. Supreme Court delivers at least one FCA opinion — and perhaps two or even three — in headliner cases during a year in which attorneys are also eyeing a new circuit split and emerging enforcement frontiers.

  9. January 03, 2023

    Health & Pharma Legal Clashes Didn't Take A Holiday Break

    While many Americans were bringing glad tidings and popping bubbly, attorneys spent the final week of 2022 bringing lawsuits, appeals and other court filings of eye-popping significance for health care providers and drug companies in cases involving the False Claims Act, the opioid crisis and purported price-fixing schemes.

  10. January 02, 2023

    Health Care & Life Sciences Litigation To Watch In 2023

    Before the New Year's Eve confetti has even been swept up, lawyers specializing in health care and life sciences already have enough litigation to keep them busy for much of 2023, which is kicking off with federal courts eyeing suits that carry sweeping significance for administrative law, the False Claims Act, drug approvals, the opioid crisis and abortion rights.

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