News & Analysis as of August 3, 2025

Prescription Drugs

+ 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 -

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

Investigations Newsletter: Jury Clears SuperValu of Liability in Whistleblower FCA Prescription Pricing Case

ArentFox Schiff on 3/10/2025

Jury Clears SuperValu of Liability in Whistleblower FCA Prescription Pricing Case - A federal jury in Illinois recently found SuperValu not liable in a whistleblower lawsuit that accused the company of overcharging the...more

Whistleblower Watch - A quarterly update on FCA Enforcement and Qui Tam Litigation

Cozen O'Connor on 11/20/2024

Whistleblower Watch is a critical resource for in-house counsel and compliance professionals. Each quarter, Cozen O’Connor summarizes the most notable False Claims Act (FCA) enforcement actions, settlements, and legal trends,...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

Supreme Court’s Recent Decision on FCA’s Scienter Standard Potentially Raises Threshold for Government to Establish “Reckless...

Dorsey & Whitney LLP on 8/11/2023

On June 1, 2023, a unanimous Supreme Court decision sought to clarify the meaning of “scienter” in the FCA context, which deals with the defendant’s knowledge (or lack thereof) that a claim for payment was false and intent to...more

Supreme Court Confirms: Subjective Beliefs of Falsity are Fair Game in FCA Lawsuits

Cozen O'Connor on 8/9/2023

On June 1, 2023, the Supreme Court unanimously held in two consolidated landmark cases, U.S. ex rel. Proctor v. Safeway Inc. and U.S. ex rel. Schutte et al. v. SuperValu Inc., that a defendant’s subjective beliefs must be...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

Do I Believe You? Scienter Standard in a FCA Case

Burr & Forman on 7/21/2023

Two False Claims Act (“FCA”) cases have recently been decided by the United State Supreme Court, further clarifying one aspect of the FCA. In the recent decisions in U.S. ex rel Proctor v. Safeway, Inc. and U.S. ex rel....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

All Is Not Lost: The Hidden Defense Benefits of the Supreme Court’s Recent Unanimous Ruling on False Claims Act Scienter

Troutman Pepper Locke on 7/6/2023

On June 1, the U.S. Supreme Court published a unanimous decision in a False Claims Act (FCA) case, United States ex rel. Schutte v. SuperValu, Inc., No. 21-1326. The opinion, authored by Justice Clarence Thomas, was notable...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

SCOTUS Rejects Defense-Friendly Scienter Standard In Schutte Opinion

Polsinelli on 6/21/2023

On June 1, 2023, the Supreme Court of the United States (SCOTUS) issued its much-anticipated opinion in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, Inc. (Schutte), holding...more

Supreme Court Rejects “Objectively Reasonable” Defense to False Claims Act

Fox Rothschild LLP on 6/21/2023

The Supreme Court’s recent decision in United States ex rel. Schutte v. SuperValu, Inc. clarified that the claimant’s knowledge and subjective beliefs, and not what an objectively reasonable person may have known or believed...more

SuperValu: Supreme Court Clarifies FCA’s State-of-Mind Requirement

Bradley Arant Boult Cummings LLP on 6/20/2023

On June 1, 2023, in U.S. ex rel. Schutte v. SuperValu Inc., the Supreme Court clarified the state-of-mind (or “scienter”) standard under the False Claims Act (FCA), holding that a defendant’s subjective belief that a claim...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

The Supreme Court’s SuperValu Decision on the “Knowingly” Element in the False Claims Act: Protecting Against Liability When There...

Mintz - Health Care Viewpoints on 6/15/2023

In a resounding unanimous 9-0 decision, the Supreme Court rejected the argument that a defendant’s subjective belief is irrelevant under the False Claims Act (FCA) when evaluating whether a defendant “knowingly” submitted a...more

65 Results

View per page

Page: of 3

Supreme Court of the United States › False Claims Act (FCA) › Prescription Drugs

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

Investigations Newsletter: Jury Clears SuperValu of Liability in Whistleblower FCA Prescription Pricing Case

Whistleblower Watch - A quarterly update on FCA Enforcement and Qui Tam Litigation

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

Supreme Court’s Recent Decision on FCA’s Scienter Standard Potentially Raises Threshold for Government to Establish “Reckless...

Supreme Court Confirms: Subjective Beliefs of Falsity are Fair Game in FCA Lawsuits

False Claims Act “Knowledge” Is a Subjective Standard

Do I Believe You? Scienter Standard in a FCA Case

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

All Is Not Lost: The Hidden Defense Benefits of the Supreme Court’s Recent Unanimous Ruling on False Claims Act Scienter

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

SCOTUS Rejects Defense-Friendly Scienter Standard In Schutte Opinion

Supreme Court Rejects “Objectively Reasonable” Defense to False Claims Act

SuperValu: Supreme Court Clarifies FCA’s State-of-Mind Requirement

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

The Supreme Court’s SuperValu Decision on the “Knowingly” Element in the False Claims Act: Protecting Against Liability When There...

SuperValu: It’s Not Super Bad! A Practical Look at the Supreme Court’s Recent FCA Scienter Ruling

Supreme Court Clarifies False Claims Act Scienter Element in Schutte

Supreme Court False Claims Act Ruling May Affect Paycheck Protection Program Lenders

Supreme Court Issues Decision Regarding False Claims Act's Scienter Element

U.S. Supreme Court Closes Door on Objective Reasonableness Defense in Healthcare False Claims Act Cases

U.S. Supreme Court Clarifies False Claims Act Scienter Requirement

The False Claims Act’s Fuzzy Scienter Element Brought into Sharp Focus

Supreme Court of the United States › False Claims Act (FCA) › Prescription Drugs

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