Medicaid, SCOTUS, Prescription Drugs

First Circuit Imposes Higher “But-for” Causation Standard for False Claims Act Liability Based on Alleged Anti-Kickback Statute...

Perkins Coie on 4/15/2025

On February 18, 2025, the U.S. Court of Appeals for the First Circuit added its voice to a growing chorus of appellate courts to elevate the standard of proof required to show a violation of the federal False Claims Act in...more

SuperValu and Executive Health Resources: What to Know About the FCA Following the 2023 Term

Paul Hastings LLP on 9/15/2023

As we take stock of the Supreme Court’s 2023 term, two landmark decisions shift our understanding of scienter and government intervention as it relates to the False Claims Act (“FCA”), 31 U.S.C. § 3729. First, on June 1,...more

SuperValu’s Effect on the FCA Scienter Standard and Impact to Future Litigation

Epstein Becker & Green on 8/23/2023

n June 1, 2023, the U.S. Supreme Court unanimously settled a long-standing dispute over a subjective versus objective standard for scienter under the False Claims Act (FCA), holding that a defendant’s own subjective belief is...more

False Claims Act “Knowledge” Is a Subjective Standard

Dickinson Wright on 8/2/2023

The Federal False Claims Act (“FCA”) allows private parties to bring lawsuits in the name of the federal government against defendants who allegedly “knowingly” present a false claim to the government for payment. The...more

Supreme Court’s Decision in SuperValu May Benefit Defendants in False Claims Act Cases

Stevens & Lee on 7/13/2023

Last month in United States ex rel. Schutte, et al. v. SuperValu Inc. et al, the Supreme Court unanimously held (with Justice Thomas writing the opinion) that the False Claims Act’s (“FCA”) scienter element refers to a...more

U.S. Supreme Court Explains Meaning of “knowingly” Under the False Claims Act

BCLP on 7/12/2023

In its recent unanimous and significant decision in the consolidated cases of United States ex rel. Schutte v. SuperValu, No. 21-1326 (6-1-23), and United States ex rel. Proctol v. Safeway, Inc., No. 22-111 (6-1-23), the...more

U.S. Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Beliefs

Jackson Lewis P.C. on 6/22/2023

Liability in False Claims Act (FCA) suits depends on whether a defendant subjectively believed its claims were false, not on whether it can offer an objectively reasonable basis for its claims, the U.S. Supreme Court has held...more

Supreme Court’s SuperValu Decision: a Game-Changer for Assessing FCA Violations

Ballard Spahr LLP on 6/20/2023

Summary - On June 1, 2023, the Supreme Court issued a landmark decision in False Claims Act cases. In United States ex rel. Schutte v. SuperValu Inc., it unanimously held that liability under the False Claims Act depends...more

Investigations Newsletter: Supreme Court Again Tightens FCA Intent, But Tricky Questions Linger

ArentFox Schiff on 6/8/2023

The US Supreme Court brushed aside novel assertions from two pharmacy retailers on June 1 and ruled unanimously that False Claims Act liability hinges on whether defendants subjectively believed their claims were “false.” In...more

Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

Littler on 6/8/2023

On June 1, 2023, in United States ex rel. Schutte, the United States Supreme Court held that, to impose liability on an employer for “knowingly” submitting a false claim to the government for payment, it is sufficient for the...more

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

Patterson Belknap Webb & Tyler LLP on 6/7/2023

On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s...more

Yes, Contractors and Providers, What You Think Matters - U.S. Supreme Court Unanimously Holds That Defendants' Subjective Beliefs...

Venable LLP on 6/7/2023

On June 1, 2023, the U.S. Supreme Court issued a unanimous opinion in United States ex rel. Schutte v. SuperValu Inc. reversing a pair of False Claims Act (FCA) cases on review from the Seventh Circuit Court of Appeals. In...more

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

Davis Wright Tremaine LLP on 6/6/2023

Ruling in case involving national retail pharmacies rejects the “objective reasonableness” standard for the False Claims Act - On June 1, 2023, the U.S. Supreme Court unanimously vacated the 7th Circuit's decision in U.S....more

United States Supreme Court: Look to Defendant’s Subjective Beliefs to Decide Whether It “Knowingly” Submitted False Claim

Morrison & Foerster LLP on 6/6/2023

On June 1, 2023, the Supreme Court issued a decision in United States ex rel. Schutte v. SuperValu, Inc., clarifying when a defendant “knowingly” submits a false claim for payment under the False Claims Act (FCA). The Court...more

The Supreme Court Holds that the False Claims Act’s Scienter Element Turns on Defendant’s Subjective Beliefs, Rejecting Seventh...

Goodwin on 6/6/2023

The Supreme Court recently issued a significant decision clarifying what it means to “knowingly” submit a false claim under the False Claims Act. At issue in United States ex rel. Schutte v. SuperValu Inc. were allegations...more

Medicaid › Supreme Court of the United States › Prescription Drugs

First Circuit Imposes Higher “But-for” Causation Standard for False Claims Act Liability Based on Alleged Anti-Kickback Statute...

SuperValu and Executive Health Resources: What to Know About the FCA Following the 2023 Term

SuperValu’s Effect on the FCA Scienter Standard and Impact to Future Litigation

False Claims Act “Knowledge” Is a Subjective Standard

Supreme Court’s Decision in SuperValu May Benefit Defendants in False Claims Act Cases

U.S. Supreme Court Explains Meaning of “knowingly” Under the False Claims Act

U.S. Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Beliefs

Supreme Court’s SuperValu Decision: a Game-Changer for Assessing FCA Violations

Investigations Newsletter: Supreme Court Again Tightens FCA Intent, But Tricky Questions Linger

Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

Supreme Court Rejects Objective Standard for Scienter for False Claims Act

Yes, Contractors and Providers, What You Think Matters - U.S. Supreme Court Unanimously Holds That Defendants' Subjective Beliefs...

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

United States Supreme Court: Look to Defendant’s Subjective Beliefs to Decide Whether It “Knowingly” Submitted False Claim

The Supreme Court Holds that the False Claims Act’s Scienter Element Turns on Defendant’s Subjective Beliefs, Rejecting Seventh...

In Key FCA Scienter Opinion, US Supreme Court Turns Focus on Subjective Intent

Supreme Court Holds That False Claims Act Requires Subjective Inquiry

High Court Hears Important Case on False Claims Act’s Scienter

Enhanced Scrutiny of Opioid Prescriptions Poses Legal Risks for Medical Professionals

Health Care Weekly Preview from ML Strategies – July 2018

Health Care Update - March 2016

Three Pressing Challenges for Personalized Medicine

Health Care Reform Update -- July 1, 2013

Health Care Reform Update -- February 25, 2013

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