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Arnold & Porter False Claims Act attorneys hosted a webinar
on April 18, just a few hours after the United States Supreme Court
will have heard arguments in U.S. ex rel. Schutte v. SuperValu,
Inc. and U.S. ex rel. Proctor v. Safeway, Inc. The
question presented in Schutte/Proctor is "[w]hether
and when a defendant's contemporaneous subjective understanding
or beliefs about the lawfulness of its conduct are relevant to
whether it 'knowingly' violated the False Claims
Act."
This is the first time since 2016 that the Supreme Court has
granted cert to weigh in on one of the elements of the False Claims
Act. The case has attracted significant attention from the United
States, which has sought leave to participate in oral argument, as
well as the defense and relator's bars. Join our team of
experienced False Claims Act attorneys as we recap the argument and
discuss the key takeaways.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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