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Schutte/Proctor: Immediate Key Takeaways From the Supreme Court Argument in Pair of False Claims Act Scienter Cases

April 18, 2023
Arnold & Porter Webinar

Arnold & Porter False Claims Act attorneys hosted a webinar on April 18, just a few hours after the United States Supreme Court will have heard arguments in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc. 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. Join our team of experienced False Claims Act attorneys as we recap the argument and discuss the key takeaways.