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Headlines that Matter for Companies and Executives in Regulated Industries False Claims Act Legal Developments Supreme Court Declines to Review Issue of “Objective Falsity” Under False Claims Act On February 22, 2021, the United States Supreme Court denied petitions for certiorari in a case that could have addressed the issue of “objective falsity” under the False Claims Act (“FCA”). By denying the petitions, the Court left in place a split among the circuit courts on whether a successful claim under the FCA requires proof that a claim was objectively false or whether an expert opinion that differs from the judgment of the physician at issue can be sufficient to show that a claim for payment is false.

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