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Supreme Court maintains focus on defendant’s subjective beliefs in False Claims Act cases

SCOTUSBlog

Share In a unanimous opinion on Thursday, the Supreme Court rejected an attempt to shift the knowledge standard in False Claims Act cases that had the potential to gut the government’s primary anti-fraud statute. At issue in two consolidated cases – United States ex rel. SuperValu Inc. and United States ex rel.

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The court appears likely to preserve theory of liability in False Claims Act cases

SCOTUSBlog

Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. The Department of Justice has used the FCA to recover more than $70 billion since 1986, largely in cases related to health care and defense contracting. At issue on Tuesday in two consolidated cases – U.S.

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Justices will consider false claims in two pharmacy cases

SCOTUSBlog

Share The False Claims Act has for decades been the government’s primary anti-fraud statute. The Department of Justice has used the law to recover more than $70 billion since 1986, largely in cases related to health care and defense contracting.

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Four petitions on the constitutionality of the Indian Child Welfare Act

SCOTUSBlog

Issue : Whether the Federal Arbitration Act displaces a state common-law rule forbidding companies from adding an arbitration requirement to their standard-form contract with customers unless the contract already includes a dispute-resolution clause. Branch Banking & Trust Company v. Sevier County Schools Federal Credit Union.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Iowa Citizens for Community Improvement v.

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Another separation-of-powers case, press access to trials, and maritime insurance

SCOTUSBlog

But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. LLC involves how to determine the law to be applied under federal admiralty law in a maritime contract case. Great Lakes Insurance SE v. Raiders Retreat Realty Co.,

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Brnovich, election-law tradeoffs, and the limited role of the courts

SCOTUSBlog

Muller is the Bouma fellow in law and professor of law at the University of Iowa College of Law. It marks a major victory for states that seek to innovate or tinker with their election laws — to expand them or to contract them. Share This article is part of a symposium on the court’s decision in Brnovich v.

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