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

  1. January 02, 2023

    Gov't Contracts Cases To Watch In 2023

    The New Year will see the U.S. Supreme Court deciding limits on the government's ability to dismiss whistleblower False Claims Act cases, while circuit courts are expected to address the limits of procurement law. Here, Law360 looks at eight cases to watch in 2023 that have the potential to significantly impact government contractors.

  2. December 07, 2022

    Gov't Recommends High Court Review Intent In FCA Cases

    The federal government on Wednesday urged the U.S. Supreme Court to review a contentious decision that a supermarket chain's alleged overcharging of Medicare and Medicaid was "objectively reasonable" under the False Claims Act, saying subjective intent matters under the law.

  3. October 24, 2022

    Circuits In 'Disarray' Over FCA Intent Standards, Justices Told

    False Claims Act cases targeting erroneous yet reasonable views of compliance duties have produced an acrimonious "muddle" in the nation's circuit courts, a whistleblowing former executive told the U.S. Supreme Court, which is already signaling interest in the law's disputed standards for intentional overbilling.

  4. September 27, 2022

    The High Court Cases Health And Life Sci Attys Are Watching

    The U.S. Supreme Court will kick off its new term by scrutinizing the litigation rights of nursing home residents and the False Claims Act powers of the U.S. Department of Justice, and the justices are also signaling interest in other FCA disputes, Uncle Sam's rulemaking authority and advertising by drug and device lawyers.

  5. September 15, 2022

    FCA's 'Creative Lawyering' Defense Divides Full 4th Circ.

    Fourth Circuit judges seemed splintered Thursday regarding the use of shrewd legal advice to evade False Claims Act liability, a tactic that has abruptly become one of the FCA's hottest topics amid outcry from the U.S. Department of Justice and interest from the U.S. Supreme Court.

  6. August 22, 2022

    High Court Wants Gov't View On Controversial FCA Case

    The U.S. Supreme Court asked the federal government Monday to weigh in on whether the justices should review a contentious decision that a supermarket chain's alleged overcharging of Medicare and Medicaid was "objectively reasonable" enough to defeat a False Claims Act case.

  7. August 09, 2022

    7th Circ. View Of FCA Intent Is 'Deeply Flawed,' Justices Told

    An Illinois pharmacist wants the U.S. Supreme Court to review a refusal by a split Seventh Circuit to revive his False Claims Act suit against Safeway, raising an issue about how to determine a defendant's knowledge of wrongdoing in an FCA case.

  8. July 08, 2022

    Top Gov't Contract Cases In 2022: Midyear Report

    Courts and administrative bodies have issued several important decisions affecting government contractors this year, for example touching on the government's authority to respond to the COVID-19 pandemic and creating splits between the U.S. Government Accountability Office and Court of Federal Claims.

  9. July 06, 2022

    Justices Urged To Mend Circuit Split Over FCA Scienter

    Two whistleblowers have urged the U.S. Supreme Court to review a contentious decision that a supermarket chain's alleged overcharging of federal health care programs was not a False Claims Act violation, saying circuit courts are deeply split on how to determine defendants' knowledge of wrongdoing.

  10. June 22, 2022

    SuperValu Urges High Court Not To Revive FCA Case

    Supermarket chain SuperValu wants the U.S. Supreme Court to reject a challenge to its controversial win at the Seventh Circuit in a False Claims Act liability case, saying there wasn't any circuit split on the issue in the fight.

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