Justices Told FCA Circuit Split Poses 'Far-Reaching' Threat

Law360 (October 27, 2020, 7:59 PM EDT) -- A major circuit split has suddenly emerged on the very definition of fraud under the False Claims Act, and companies are facing "far-reaching consequences" under relatively broad readings of the law, prominent business lobbies have told the U.S. Supreme Court in a closely watched case.

In an amicus brief Friday, the U.S. Chamber of Commerce and trade group Pharmaceutical Research and Manufacturers of America said that circuit courts are "intractably divided" on the FCA's scope and that the Supreme Court should review a recent Third Circuit decision that helped give rise to the split.

That decision and a subsequent certiorari petition are partially...

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