A Busy Year: U.S. Supreme Court Decides Two Important False Claims Act Cases in a Single Term

This is the first time in recent history that the Supreme Court has granted cert in two different False Claims Act cases. In U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc., the Court addressed the scienter, or knowledge, requirement under the False Claims Act, finding that a defendant's actual knowledge or beliefs is always relevant. In U.S. ex rel. Polansky v. Executive Health Resources, Inc., the Court outlined the scope of the government's authority to move to dismiss a non-intervened qui tam when the government did not intervene before the case was unsealed.

Both cases have attracted significant attention from the government and the False Claims Act bar given the importance of the issues. Join John Elwood, head of the firm's Appellate and Supreme Court practice, and co-chairs of the firm's False Claims Act practice, Tirzah Lollar, Craig Margolis, and Michael Rogoff, as they summarize the cases, identify key takeaways for industry, and discuss the questions left unanswered by the Supreme Court. We will also provide updates on hot topics such as causation under the False Claims Act and DOJ's Civil Cyber-Fraud initiative.