Tag Archives: SuperValu

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

Key Takeaways:

  • On June 1, 2023, in United States ex rel. Schutte v. SuperValu Inc., the U.S. Supreme Court unanimously held that defendants cannot avoid liability under the False Claims Act (FCA) by demonstrating that their conduct was consistent with an “objectively reasonable” interpretation of an ambiguous legal requirement.
  • The Court’s decision clarifies that FCA liability turns on the subjective standard of whether a defendant,…

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False Claims Act Enforcement: Looking Back and What to Expect in 2023

This is the first in our 2023 series examining important trends in white collar law and investigations. Up next: criminal tax enforcement.

The False Claims Act (or “FCA”) continued to drive significant enforcement activity in 2022, especially, but not exclusively, in the healthcare sector.  In 2023, we expect the government and whistleblowers to continue to prosecute and likely resolve False Claims Act matters in large numbers. … More