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Can Anyone Say What s False Anymore? SCOTUS Denial of Cert Leaves Uncomfortable Uncertainty and Strategic Opportunities | Wiley Rein LLP

To embed, copy and paste the code into your website or blog: It should surprise absolutely no one that “falsity” is a core element of the False Claims Act – it is the FALSE Claims Act, after all. However, it may come as a surprise that there is substantial disagreement over what exactly can be false, and how falsity can be established. This term, the U.S. Supreme Court received two petitions for certiorari associated with cases raising just that issue; however, on February 22, 2021, it declined both, leaving in place a circuit split that creates considerable uncertainty for people and entities that have a financial relationship with the government – particularly those in the health care space, who participate in COVID-19 economic incentive programs, who hold government contracts, or who otherwise have a financial relationship with the government – and amplifies the strategic imperative of forum selection.

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