On April 18, the Supreme Court heard oral arguments in Schutte v. SuperValu and Proctor v. Safeway, two qui tam cases raising significant questions about the knowledge standard under the False Claims Act. 

Arnold & Porter partners Tirzah Lollar, Craig Margolis, and Christian Sheehan attended the arguments in-person and then provided their real-time insights into the Justices’ line of questioning, the parties’ responses, and what this may mean for relators and defense counsel. 

In this episode of Bona Fide Needs, we present their discussion, with additional contextual comments by Tirzah Lollar. 

0:30 – Tirzah’s introduction
6:00 – Tirzah, Craig, and Christian’s webinar discussion
52:30 – Acknowledgements

Show notes:

Seventh Circuit Agrees: Safeco Applies in FCA Knowledge Consideration

SuperValu Dissent: Decision Creates New Safe Harbor for Post-Hoc Rationales for Deliberate Indifference

In Safeway Dissent, Seventh Circuit Judge Says SuperValu Decision Should be Overruled

Dear SCOTUS: DOJ, Grassley, 33 States, and Others Support Subjective FCA Knowledge Standard in Schutte & Proctor

Dear SCOTUS, Part Two: Industry Leaders Encourage Objective Reasonableness Standard in Schutte and Proctor

Dear SCOTUS, Part Three: Healthcare Amici Support Objective Reasonableness Standard in Schutte and Proctor