A Rare Display of Consensus at the U.S. Supreme Court: The False Claims Act Decisions in SuperValu and Polansky and Implications for the Health Care Industry
- July 21, 2023
- Justin Danilewitz , Saul Ewing LLP
- Christie McGuinness , Saul Ewing LLP
- Daniel Moore , Saul Ewing LLP
Although the close of the U.S. Supreme Court’s most recent term revealed, once again, a deeply divided Court on some of the most controversial issues of national public policy, an uncommon consensus prevailed in the area of the federal False Claims Act (FCA). This was apparent in a pair of recent decisions, both issued in June 2023, interpreting provisions of the FCA that will have significant implications for the health care sector’s defense against both government-initiated investigations and private plaintiff (qui tam or relator) lawsuits.
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