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Shearman & Sterling LLP | USA | 6 Jun 2023

Supreme Court Clarifies Scienter Standard For False Claims Act Liability

On June 1, 2023, the Supreme Court issued a unanimous decision in the consolidated cases United States v. SuperValu Inc. and United States v. Safeway…
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Cooley LLP | USA | 6 Jun 2023

Supreme Court Rules FCA Liability Turns on Subjective Belief, Not Objective Reasonableness

In a much-anticipated opinion released on June 1, 2023, the US Supreme Court held that the scienter element of the False Claims Act (FCA) turns on…
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Paul, Weiss, Rifkind, Wharton & Garrison LLP | USA | 5 Jun 2023

Supreme Court Holds That False Claims Act’s Scienter Element Refers to Defendant’s Subjective Knowledge

On June 1, 2023, the Supreme Court issued a decision in two consolidated cases, United States ex rel. Schutte v. SuperValu and United States ex rel…
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Cooley LLP | USA | 5 Jun 2023

Supreme Court Rules FCA Liability Turns on Subjective Belief, Not Objective Reasonableness

In a much-anticipated opinion released on June 1, 2023, the US Supreme Court held that the scienter element of the False Claims Act (FCA) turns on…
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Cozen O'Connor | USA | 5 Jun 2023

Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie

On June 1, 2023, the United States Supreme Court issued its ruling in two consolidated cases concerning the False Claims Act (FCA), United States ex…
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Skadden Arps Slate Meagher & Flom LLP | USA | 5 Jun 2023

Supreme Court Clarifies False Claims Act Scienter Element in Schutte

On June 1, 2023, the U.S. Supreme Court issued its highly anticipated decision in the consolidated cases United States ex rel. Schutte v. SuperValu…
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Katten Muchin Rosenman LLP | USA | 5 Jun 2023

New Medicare Coverage for Alzheimer's Disease Drugs

Centers for Medicare & Medicaid Services (CMS) recently announced that Medicare will cover drugs that could slow the progression of Alzheimer’s…
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Davis Wright Tremaine LLP | USA | 5 Jun 2023

Supreme Court Clarifies FCA Scienter Standard - Overturns 7th Circuit Decision

On June 1, 2023, the U.S. Supreme Court unanimously vacated the 7th Circuit's decision in U.S. ex rel. Schutte v. SuperValu Inc., and in doing so…
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Jackson Lewis PC | USA | 5 Jun 2023

CMS COVID-19 Vaccination, Testing Requirements to Formally End This Summer

The Biden-Harris Administration announced on May 1, 2023, that the Centers for Medicare and Medicaid Services (CMS) would soon be eliminating…
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Akerman LLP | USA | 2 Jun 2023

SafeCo No More: The Changing Landscape of Scienter under the False Claims Act

Yesterday, the United States Supreme Court held that a False Claims Act (FCA) defendant cannot rely on an objectively reasonable interpretation of a…
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