Supreme Court Denial of Certiori Leaves Circuit Split in Place on False Claims Act Standard

On February 22, the United States Supreme Court declined to review two cases involving whether or not a whistleblower Relator must prove a claim is “objectively false” in order to bring a successful FCA claim. The denial of certiori leaves in place a potential circuit split in reconciling the Third Circuit decision in CareAlternatives and the Eleventh Circuit opinion in AseraCare.