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Supreme Court maintains focus on defendant’s subjective beliefs in False Claims Act cases

SCOTUSBlog

Share In a unanimous opinion on Thursday, the Supreme Court rejected an attempt to shift the knowledge standard in False Claims Act cases that had the potential to gut the government’s primary anti-fraud statute. Court of Appeals for the 7th Circuit had found it was never relevant.

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The court appears likely to preserve theory of liability in False Claims Act cases

SCOTUSBlog

Share During oral argument in two consolidated cases on Tuesday, the court seemed poised to reverse the decision of the U.S. Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. At issue on Tuesday in two consolidated cases – U.S.

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Justices will consider false claims in two pharmacy cases

SCOTUSBlog

Share The False Claims Act has for decades been the government’s primary anti-fraud statute. The Department of Justice has used the law to recover more than $70 billion since 1986, largely in cases related to health care and defense contracting.

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Four petitions on the constitutionality of the Indian Child Welfare Act

SCOTUSBlog

Court of Appeals for the 5th Circuit striking down some provisions of the Indian Child Welfare Act. Although the district court largely agreed with the challengers, the en banc 5th Circuit later upheld various provisions. Four petitions involve a decision by the en banc U.S. In Branch Banking & Trust Company v. Cherokee Nation v.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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Another separation-of-powers case, press access to trials, and maritime insurance

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. But in one of those cases, the court’s denial of review prompted two justices to object. The Supreme Court will meet this Friday to consider whether to grant review in a group of around 95 petitions and motions.

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Brnovich, election-law tradeoffs, and the limited role of the courts

SCOTUSBlog

Share This article is part of a symposium on the court’s decision in Brnovich v. Muller is the Bouma fellow in law and professor of law at the University of Iowa College of Law. Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws.

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