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SCOTUS Declines Falsity, Medical Judgment False Claims Cases

Wednesday, February 24, 2021 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 whether a disagreement over a physician’s clinical judgment can serve as a basis for establishing “falsity” under the FCA. Specifically, the Eleventh, Third and Ninth Circuits have each rendered decisions about the need to demonstrate objective falsity, and whether a reasonable difference of opinion between physicians is sufficient to trigger FCA liability.   Objective Falsity and a Divide Among the Circuits   For decades, FCA litigants have battled over whether a difference of opinion – including disagreements over medical decision-making – can serve as a basis for establishing falsity. Opponents continue to argue, with varying degrees of success, that a claim is “false” only where there is an 

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