Justices Should Weigh In On FCA Objective Falsity Standard

Law360 (February 18, 2021, 3:40 PM EST) -- In its conference on Feb. 19, the U.S. Supreme Court is scheduled to consider two pending petitions for certiorari that could resolve a critical but deeply disputed issue that impacts both the False Claims Act and health care law.

The cert petitions in those cases — U.S. v. Care Alternatives,[1] and Winter v. Gardens Regional Hospital & Medical Center[2] — ask the court to determine when an expert opinion can be sufficient for a plaintiff to prove that a government contractor's claim for payment is false or fraudulent.

This article suggests that the Supreme Court should grant certiorari in the Care...

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