Month: June 2023

Supreme Court Rules FCA Liability Turns on Subjective Belief, Not Objective Reasonableness

Key takeaways In a much-anticipated opinion released on June 1, 2023, the US Supreme Court held that the scienter element of the False Claims Act (FCA) turns on the defendant’s “knowledge and subjective beliefs” – not on “what an objectively reasonable person may have known or believed.” The unanimous decision […]

Cooley / June 6, 2023

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Month: June 2023

Supreme Court Rules FCA Liability Turns on Subjective Belief, Not Objective Reasonableness