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Will Recent U.S. Supreme Court FCA Rulings Provide Consistency?

June 7, 2023

White Collar Defense & Investigations partner Christian Sheehan was quoted in the Law360 article, "Thomas Burnishes False Claims Act Crown With 9-0 Decree." The story discusses a pair of recent unanimous U.S. Supreme Court opinions related to the False Claims Act penned by Justice Clarence Thomas that held a defendant's liability in these cases depends on the defendant's subjective knowledge, not whether the defendant made an "objectively reasonable" interpretation of the law.

Sheehan noted that Thomas' opinions tend to be "narrow," avoiding "far-reaching pronouncements" beyond the issue at hand. "Even if the cases are resolved in the favor of the government or relators, the ramifications are somewhat confined," he said.

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