Skip to main content
FCA Qui Notes
April 24, 2023

Webinar: Immediate Key Takeaways From the Supreme Court Argument in Scienter Cases

Qui Notes: Unlocking the False Claims Act

On April 18, just a few hours after the United States Supreme Court heard arguments in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc., our attorneys held a webinar to recap the argument and offer key takeaways. The question presented in Schutte/Proctor is "[w]hether and when a defendant's contemporaneous subjective understanding or beliefs about the lawfulness of its conduct are relevant to whether it 'knowingly' violated the False Claims Act."

This is the first time since 2016 that the Supreme Court has granted cert to weigh in on one of the elements of the False Claims Act. The case has attracted significant attention from the United States, which has sought leave to participate in oral argument, as well as the defense and relator's bars.

Click here to watch the recording.

© Arnold & Porter Kaye Scholer LLP 2023 All Rights Reserved. This blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.