Analysis

Unaddressed Split On FCA Objectivity May Spur Settlements

Law360 (February 23, 2021, 10:18 PM EST) -- The U.S. Supreme Court's refusal to tackle whether False Claims Act liability requires a claim to be objectively false leaves a significant circuit split and may drive an uptick in FCA settlements as defendants consider the costs of extended litigation.

The justices on Monday rejected petitions from hospice operator Care Alternatives and health care management company RollinsNelson LTC Corp. asking whether the FCA requires a showing of "objective falsity," as the Eleventh Circuit had previously ruled, or if an expert opinion that differs from the judgment of a defendant can form the basis of an allegation that a claim for government...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!