Checking In On How SuperValu Has Altered FCA Litigation

By Elena Quattrone and Olivia Plinio (September 25, 2023, 5:19 PM EDT) -- On June 1, in the case of U.S. ex rel. Schutte v. SuperValu Inc.[1] and its companion case, U.S. ex rel. Proctor v. Safeway Inc., the U.S. Supreme Court, in a decision authored by Justice Clarence Thomas, unanimously settled a long-standing dispute over a subjective versus objective standard for scienter under the False Claims Act, holding that a defendant's own subjective belief is relevant to scienter, rather than what an objectively reasonable person may have known or believed....

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