Third Circuit Confirms Government Knowledge Can Defeat Scienter and Materiality Requirements for False Claims Act Liability

In Spay v. CVS Caremark Corp., the Third Circuit held that, in False Claims Act litigation, scienter may be absent if the defendant is aware that the government has knowledge of the facts underlying an allegedly false record or statement. The court further held that the formal materiality standard added to the FCA in 2009 merely clarified […]
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