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Schutte & Polansky: Shifting The Landscape Of False Claims Act Litigation & Compliance, Jessica Tillipman, Teddie Arnold
Schutte & Polansky: Shifting The Landscape Of False Claims Act Litigation & Compliance, Jessica Tillipman, Teddie Arnold
GW Law Faculty Publications & Other Works
The Supreme Court issued two opinions in June 2023 that are set to alter the False Claims Act (“FCA”) landscape for years to come. In United States ex rel. Schutte v. SuperValu Inc., 143 S. Ct. 1391 (2023) the Court elevated the scienter element of the FCA in cases dealing with a defendant’s compliance with law or regulation, whereby no longer can a defendant point to an objective interpretation of an ambiguous law or regulation to the exclusion of a company’s subjective knowledge at the time of claim submission. In United States, ex rel. Polansky v. Exec. Health Res., Inc., …