Scienter requirement under False Claims Act

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 14, 2021 11:07 AM

This is part two of a two-part series. Part one came out on Monday.An important new ruling from the 7th U.S. Circuit Court of Appeals about the scienter requirement under the False Claims Act affirmed summary judgment for SuperValu Inc. in a case where the grocery-pharmacy chain was accused of knowingly misrepresenting its “usual and customary” retail prices when seeking reimbursement from the Medicare and Medicaid programs. Based on Safeco v. Burr, 551 U.S. 47 (2007), which adopted a two-part test for …

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