On 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 relevant to scienter, rather than what an “objectively reasonable” person may have known or believed.
The case in question, U.S. ex rel. Schutte v. SuperValu Inc., consolidated from two lower court decisions, involved allegations that the defendants, two retail pharmacy chains, overcharged the government for prescription drugs in violation of ...
Blog Editors
Recent Updates
- Podcast: Navigating the Labyrinth of Private Equity Investments in Health Care – Diagnosing Health Care
- Unpacking Averages: How Old Are Medical Devices on the US Market?
- Three Things That Employer Health Plan Sponsors Should Do When the New MHPAEA Rules Are Published
- CMS Rules Propose Changes Regarding the Medicare Prescription Drug Inflation Rebate Program, Refundable Drugs, Skin Supplements and More; Comments Due September 9
- Recent Supreme Court Decisions and the DSCSA