News & Analysis as of August 3, 2025

Corporate Counsel

+ Follow

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

For Whom the Bell Tolls? The Impact of Wisconsin Bell v. United States ex rel. Todd Heath and United States v. Regeneron...

Womble Bond Dickinson on 3/12/2025

The Supreme Court’s decision in Wisconsin Bell v. United States ex rel. Todd Heath clarifies what constitutes a “claim” under the federal False Claims Act (FCA). ...more

Recent Decisions and DOJ Policy Announcements Signal Key Changes to FCA Enforcement and Litigation Environment

King & Spalding on 3/12/2025

Recent legal and political False Claims Act (“FCA”) developments signal a potentially turbulent time for the defense of investigations and lawsuits brought under the FCA...more

Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s Qui Tam Provisions

Bass, Berry & Sims PLC on 9/26/2024

In recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions. This trend gained momentum following Justice Thomas’s dissent in United...more

The Supreme Court Clarifies the Meaning of “Knowingly” Under the False Claims Act

Dinsmore & Shohl LLP on 6/5/2023

On June 1, 2023, the United States Supreme Court issued an important decision addressing the intent element of the False Claims Act (“FCA”) in United States ex rel. Tracy Schutte v. SuperValu Inc. and United States ex rel....more

Supreme Court Weighs In On The Role Of Subjective Intent Under The False Claims Act

Morrison & Foerster LLP - Government... on 4/20/2023

On Tuesday, April 18, 2023, the Supreme Court heard argument in the consolidated cases of United States ex rel. Schutte v. SuperValu, Inc., and United States ex rel. Proctor v. Safeway, Inc., to consider whether subjective...more

Landmark Supreme Court Case Could Reshape the FCA Scienter Requirement

Cozen O'Connor on 1/24/2023

The U.S. Supreme Court will soon clarify the knowledge requirement for False Claims Act (FCA) cases. Specifically, the Court will determine whether FCA liability should be rejected wherever there is an objectively reasonable...more

U.S. Supreme Court Grants Cert in Pair of Key False Claims Act Cases

Husch Blackwell LLP on 1/18/2023

The United States Supreme Court started the long weekend on Friday evening by announcing it would hear a consolidated pair of cases that should clarify a critical aspect of the False Claims Act (FCA). These cases are worth...more

True Facts About False Claims: MoFo's FCA Newsletter

Morrison & Foerster LLP on 1/6/2023

Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Supreme Court Increasingly Wading Into False Claims Act's Morass

Jones Day on 12/22/2022

In Short - The Situation: The federal False Claims Act ("FCA") allows the United States to dismiss the action if the qui tam relator "has been notified by the Government of the filing of the motion and the court has...more

Supreme Court To Review DOJ’s Authority to Dismiss Qui Tam FCA Suits Over Objections From Relators

Sheppard Mullin Richter & Hampton LLP on 6/30/2022

On June 21, 2022 the Supreme Court granted certiorari in Polansky v. Exec. Health Res., 17 F.4th 376 (3d Cir. 2021), allowing the Court to review the Department of Justice’s (“DOJ”) authority to dismiss qui tam suits brought...more

DOJ's New Civil Cyber-Fraud Initiative and How a Pending Case Could Test Its Efficacy

ArentFox Schiff on 11/3/2021

The Department of Justice recently announced a new initiative that aims to hold government contractors accountable when they fail to meet required cybersecurity standards. In announcing the “Civil Cyber-Fraud Initiative” in...more

Seventh Circuit Endorses Objective Reasonableness as a Defense under the FCA

Foley & Lardner LLP on 8/30/2021

In a much-awaited Seventh Circuit decision, the court joined four other circuits in endorsing the “objective reasonableness” defense under the federal False Claims Act (FCA). In a 2-1 panel decision, the court not only upheld...more

High Court Imposes Important Limits on Implied False Certification Theory, but Theory Survives as a Basis for False Claims Act...

BCLP on 6/17/2016

In a highly anticipated ruling, the Supreme Court imposed important limits on the implied certification theory of liability under the False Claims Act (FCA). The Court’s decision should go a long way toward limiting some more...more

Universal Health v. Escobar: Supreme Court Affirms But Limits Implied-Certification Liability under False Claims Act

Troutman Pepper Locke on 6/17/2016

The U.S. Supreme Court in Universal Health Services v. U.S. ex rel. Escobar, 2016 WL 3317565 (June 16, 2016) unanimously endorsed the so-called “implied certification” theory of False Claims Act liability, under which a...more

Implied Certification Liability under the FCA Could Expose Companies to Unforeseen Liability

Brownstein Hyatt Farber Schreck on 4/27/2016

The Supreme Court on April 19, 2016, heard oral arguments in Universal Health Services v. United States ex rel. Escobar, a case which will impact all government contractors—especially defense companies—as well as any health...more

Supreme Court Poised to Resolve Circuit Split on False Claims Act Liability Under Theory of Implied Certification

Perkins Coie on 4/22/2016

The U.S. Supreme Court is poised to resolve a circuit split over the False Claims Act (FCA) that could have broad implications for those that do business with the federal government. On April 19, 2016, the Supreme Court...more

Supreme Court to Hear False Claims Act "Implied Certification" Appeal

Pillsbury Winthrop Shaw Pittman LLP on 3/23/2016

The U.S. Supreme Court will hear oral argument on April 19, 2016, in United Health Services v. United States ex rel. Escobar, No. 15-7, a case likely to resolve the current split among federal appellate courts on the...more

U.S. Supreme Court’s Upcoming Ruling on False Claims Act Case May Have Major Impact on Government Contractors

PilieroMazza PLLC on 3/23/2016

The U.S. Supreme Court is set to hear oral arguments next month in a False Claims Act (“FCA”) case that could significantly broaden the scope of the statute and resolve a split among the U.S. Circuit Courts. If the Supreme...more

Supreme Court Strengthens False Claims Act’s Statute of Limitations, Narrows First-to-File Bar

WilmerHale on 5/29/2015

The U.S. Supreme Court recently resolved two important questions under the False Claims Act (FCA), holding that (1) the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, applies only to criminal cases, and (2)...more

U.S. Supreme Court Rejects Indefinite Tolling of False Claims Act under Wartime Suspension of Limitations Act; Holds First-to-File...

Proskauer - Corporate Defense and Disputes on 5/27/2015

Yesterday, in Kellogg Brown & Root Services, Inc., et al. v. United States ex rel. Carter, 575 U.S. __ (2015), the Supreme Court settled two important questions under the False Claims Act (the FCA). In a unanimous decision...more

20 Results

View per page

Page: of 1

Supreme Court of the United States › False Claims Act (FCA) › Corporate Counsel

"My best business intelligence, in one easy email…"