Justices Reject FCA Liability Requirement Case

Law360 (February 22, 2021, 9:54 AM EST) -- The U.S. Supreme Court on Monday declined to decide whether an alleged false claim is required to be based on objectively verifiable facts to establish liability under the False Claims Act, a prominent FCA issue that has split circuit courts.

The justices rejected without comment two petitions, filed by hospice operator Care Alternatives and health care management company RollinsNelson LTC Corp., asking the court to decide whether the FCA requires "objective falsity" or whether an expert opinion that differs from the judgment of the defendant is enough to show a claim for payment is false or fraudulent.

Objective falsity is an...

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