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Schutte can be taken to suggest that potential FCA defendants may want to proactively seek agency clarification where rules or guidance are unclear. As Schutte acknowledges, a finding of scienter under the FCA only requires that the defendant have reckless disregard for the truth or falsity of their claims.
On June 1, 2023, the Supreme Court of the United States (SCOTUS) issued its much-anticipated opinion in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor.
Last week, the District Court for the Middle District of Florida denied in part Putnam Community Medical Center's (PCMC) motion to dismiss relator Willard Revels' Second Amended.