United States:
Ep. 2.05: SCOTUS Rejects Safeco Defense: What Does This Mean For FCA Defendants? (Podcast)
13 June 2023
Arnold & Porter
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On June 1, the Supreme Court issued its much-awaited opinion in
U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex
rel. Proctor v. Safeway, Inc., handing down a unanimous
decision reversing the Seventh Circuit and rejecting the
application of Safeco's "objective
reasonableness" standard to the False Claims Act. The decision
will have significant ramifications not only for FCA litigation
pending in the Seventh Circuit, but in courts across the country,
as multiple courts of appeals and district courts had also adopted
an "objective reasonableness" requirement.
In this episode, Pub K Group Managing Editor Bill Olver speaks
with Arnold & Porter Partners Tirzah Lollar and Christian
Sheehan, who discuss what the decision means and its implications
for FCA defendants.
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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