As American industry moves toward building back better in the face of a continuing pandemic, Sens. Chuck Grassley, R-Iowa, and Patrick Leahy, D-Vt., have introduced the False Claims Amendments Act of 2021, proposing revisions to the False Claims Act that could scuttle these efforts before they start, by dramatically changing a key unanimous U.S. Supreme Court precedent. The proposed Grassley-Leahy amendment seeks to upend the Supreme Court’s unanimous ruling in Escobar and complete the inversion — begun in 1986 — of the traditional burden of proof for claims of fraud.
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