On June 1, 2023, in U.S. ex rel. Schutte v. SuperValu Inc., the Supreme Court clarified the state-of-mind (or “scienter”) standard under the False Claims Act (FCA), holding that a defendant’s subjective belief that a claim was false was sufficient to establish the FCA’s scienter element. In doing so, the Court rejected the Seventh Circuit’s analysis that focused on whether there was an objectively reasonable interpretation that the claim was accurate, regardless of the particular defendant’s…
By: Bradley Arant Boult Cummings LLP
By: Bradley Arant Boult Cummings LLP
