(L-R)Sarah Hyser-Staub and Conner Porterfield of McNees Wallace & Nurick. Courtesy photos High Court Finds False Claims Act Liability Hinges on Subjective Intent
The Supreme Court recently held that when determining culpability in an FCA case, liability turns on a defendant's own subjective belief and not just what an "objectively reasonable" person knew or believed. The court's June 1 decision in Schutte v. SuperValu, No. 21-1326, will greatly impact how future FCA cases are litigated.
July 20, 2023 at 10:01 AM
6 minute read
Amidst the many headline-making decisions issued by the U.S. Supreme Court this summer, there lies one opinion that should not be overlooked by False Claims Act (FCA) practitioners. The Supreme Court recently held that when determining culpability in an FCA case, liability turns on a defendant's own subjective belief and not just what an "objectively reasonable" person knew or believed. The court's June 1 decision in Schutte v. SuperValu, No. 21-1326, will greatly impact how future FCA cases are litigated.
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