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. 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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