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June 8, 2023

Ep. 2.05: SCOTUS Rejects Safeco Defense: What Does this Mean for FCA Defendants?

Podcast: Bona Fide Needs

On June 1, the Supreme Court issued its much-awaited opinion in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc., handing down a unanimous decision reversing the Seventh Circuit and rejecting the application of Safeco’s “objective reasonableness” standard to the False Claims Act. The decision will have significant ramifications not only for FCA litigation pending in the Seventh Circuit, but in courts across the country, as multiple courts of appeals and district courts had also adopted an “objective reasonableness” requirement.

In this episode, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan, who discuss what the decision means and its implications for FCA defendants. 

© Arnold & Porter Kaye Scholer LLP 2023 All Rights Reserved. This podcast 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.