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January 27, 2023

U.S. Supreme Court to Address False Claims Act Scienter Standard

The U.S. Supreme Court consolidated and agreed on January  13, 2023 to hear two cases (No. 21-1326) on the False Claims Act scienter standard.  Two decisions in the Seventh Circuit had rejected qui tam actions because they failed to establish scienter under the False Claims Act. See United States ex rel. Schutte v. SuperValu Inc., 9 F.4th 455 (7th Cir. 2021) and United States ex rel. Proctor v. Safeway, Inc., 340 F.4th 649 (7th Cir. 2022). The Solicitor General had filed an amicus brief at the Court’s request, recommending that the Supreme Court grant cert.

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