On June 1, 2023, the Supreme Court decided a pair of closely watched False Claims Act (FCA) cases, U.S. ex rel. Schutte v. SuperValu Inc., No. 21-1326, and U.S. ex rel. Proctor v. Safeway, Inc., No. 22-111....more
6/5/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Materiality ,
Medicaid ,
Medicare ,
Misrepresentation ,
Objective Falsity ,
Pharmacies ,
Prescription Drugs ,
Safeco Insurance Co of America v Burr ,
Scienter ,
SCOTUS ,
Subjective Standard ,
Universal Health Services Inc v United States ex rel Escobar ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
On April 18, the Supreme Court heard oral argument and what has been billed as the most important False Claims Act (FCA) case in a decade. Since the FCA was enacted in the Civil War era, it has been the primary tool for the...more
5/9/2023
/ False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
Medicaid ,
Medicare ,
Objective Falsity ,
Pharmacies ,
Prescription Drugs ,
Reimbursements ,
Scienter ,
SCOTUS ,
Whistleblowers
On January 13, 2023, the Supreme Court granted certiorari in a pair of consolidated cases from the Seventh Circuit that could result in one of the most consequential False Claims Act (FCA) decisions since the FCA was amended...more
On May 26, the U.S. Supreme Court ruled to allow the Biden administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to an executive order from President Joe Biden....more
6/14/2022
/ Biden Administration ,
Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
NHTSA ,
Obama Administration ,
SCOTUS ,
Stays ,
Trump Administration
On May 26, 2022, the United States Supreme Court ruled to allow the Biden Administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to President Biden’s Executive...more