Recently three circuit courts have considered when opinions can be false under the FCA.
Although the circuits disagree regarding whether plaintiff must establish “objective falsity” to assert an FCA violation, they agree that the common law provides guidance regarding when an opinion can be false under the FCA.
Regulations, Compliance, & Enforcement
Trending Now
Episode 433 — The Corruption Reckoning: How Government Corruption Destroys Economies, Democracies, and Societies • At Long Last, DoW Signals Rule Implementing PCB Prohibition and Commercial Exemptions • DOJ Cybersecurity Settlement Highlights Continued FCA Enforcement Risk for Government Contractors • DoD Class Deviation Leaves Contractors With More Questions Than Answers • Scoular Resolves $10.2 Million FCPA Enforcement Action
When Can Opinions be “False” and Result in False Claims Act Liability: Three Circuit Courts Provide Conflicting Guidance
Mizin Roman | Shutterstock
Track False Claims Act cases, audit trends, and compliance best practices with our Compliance & Enforcement newsletter, delivering up-to-the-minute intelligence Monday–Saturday — Subscribe here.
