JD Supra

SCOTUS Declines to Review False Claims Act Cases on Falsity and Medical Judgment

On February 22, 2021, the United States Supreme Court declined to review two False Claims Act (FCA) cases, solidifying a split that pits the Eleventh Circuit against the Third and Ninth Circuits as to ...
JD Supra

Ninth Circuit Affirms Dismissal Of Complaint Against Pharmaceutical Company For Failure To Allege Falsity And Loss Causation

On May 19, 2022, the United States Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a putative class action against a pharmaceutical company (the “Company”) asserting ...
Nieman Journalism Lab

Falsity and the First Amendment: Implications of the Supreme Court’s ruling on Stolen Valor

In the fourteen years that I practiced as a media defense lawyer before joining the Berkman Center, there was one sentence from one Supreme Court opinion that I learned to loathe above all others. It ...
The National Law Review

Third Circuit Rejects AseraCare’s “Objective Falsity” Requirement,...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
The National Law Review

Third Circuit Creates Budding Circuit Split in United States v. Care Alternatives, Ruling That “Objective Falsity” Is Not Required Under FCA

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Reuters

Defending DEI programs against DOJ's civil rights fraud initiative

August 18, 2025 - The U.S. Department of Justice has signaled its intent to actively enforce the Administration's interpretation of federal civil rights laws, including through the False Claims Act ...