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
- OIG Limits Sign-On Bonuses to In-Home Family Caregivers
- Governing Health AI Development and Adoption: Insights from HHS’s Recently Announced Strategy to Promote AI in Healthcare
- Stranger Things: New FDA Updates Flip Expectations for the Med Tech Industry in 2026 Upside Down
- The DOJ’s Bulk Sensitive Data Rule and Your Obligation to “Know Your Vendor”
- ACCESS Model: CMMI’s New Technology-Enabled Chronic Care Model