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Hogan Lovells Publications

SuperValu: lowering the hurdles to discovery Hogan Lovells

In June 2023, the Supreme Court clarified in United States ex rel. Schutte v. SuperValu Inc. that a defendant’s subjective state of mind is relevant and can be sufficient to establish ...

News

The False Claims Act Guide: 2022 and the road ahead

In the latest edition of our False Claims Act Guide: 2022 and the road ahead, we analyze the key developments from 2022 and discuss how the most important cases and issues are shaping FCA...

News

New circuit split on evidence needed to prove a kickback renders a claim false or fraudulent

The Eighth Circuit released an opinion Tuesday in U.S. ex rel. Cairns v. D.S. Medical LLC that creates a new circuit split on the interpretation of the causation standard for establishing...

News

Fourth Circuit: Safeco defense applies to FCA claims and dooms Medicaid best price qui tam

In a split decision issued January 25, 2022, the Fourth Circuit strongly endorsed a defense to False Claims Act liability for entities that submit claims to the government in today’s...

Insights and Analysis

FCA- Courts and Congress focus on which regulatory or contract violations give rise to FCA liability

“The False Claims Act is not an all-purpose antifraud statute, or a vehicle for punishing garden-variety breaches of contract or regulatory violations”—so declared a...

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