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SCOTUS Declines Falsity, Medical Judgment False Claims Cases

Wednesday, February 24, 2021
On February 22, 2021, the United States Supreme Court declined to review two False Claims Act (FCA) cases, solidifying a split that pits the Eleventh Circuit against the Third and Ninth Circuits as to whether a disagreement over a physician’s clinical judgment can serve as a basis for establishing “falsity” under the FCA. Specifically, the Eleventh, Third and Ninth Circuits have each rendered decisions about the need to demonstrate objective falsity, and whether a reasonable difference of opinion between physicians is sufficient to trigger FCA liability.
Objective Falsity and a Divide Among the Circuits
For decades, FCA litigants have battled over whether a difference of opinion – including disagreements over medical decision-making – can serve as a basis for establishing falsity. Opponents continue to argue, with varying degrees of success, that a claim is “false” only where there is an ....

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Detailed text transcripts for TV channel - MSNBC - 20180709:14:07:00

At the white house in a little bit. i want to bring in justice correspondent pete williams, who has been diving into all of this. pete, kristen talked about a couple of the quote, unquote, final contenders for this pick. what else can you tell us about who is in the mix? reporter: well, any one of these people would be more conservative than justice remember addidadd kennedy, w retiring. brett kavanaugh is the only finalist with an ivy league education. we went to yale and yale law, and it is something the president said is important. thomas hardiman, he s a finalist last year. you may remember, there were several hours where we didn t know if it was going to be between hardiman and gorsuch. he was the first in his family to attend college. drove a taxi before law school at georgetown. serves on the 3rd circuit of appeals in pennsylvania, and so does the president s sister, who put in a good word for him. kethledge is an appeals court ....

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Detailed text transcripts for TV channel - FOXNEWS - 20180616:03:46:00

When it goes up on appeal, is going up to the 3rd circuit. and that circuit, by an 8-7 vote a couple of years ago, actually struck down a federal gun control law. i think the lawsuit is exactly correct. there are nine million people in new jersey. a million of them are instantly turned into criminals just because there s no grandfather provision even for firearms they already have. over 30% of firearms use more than ten rounds. when you re doing this, the second amendment is a fundamental right. this lawsuit is being argued by no one less than the law firm of chuck cooper, the these people have a ninja master team litigating this case on their behalf. and it violates the second and fifth amendment. the government is saying you have to throw away all this ....

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Detailed text transcripts for TV channel - MSNBC - 20170131:14:10:00

Attended harvard how scholaw sc. the second name that s listen floated is thomas hardiman. a participates court judge on the 3rd circuit and appointed by former president george w. bush. these two have another thing in common, chris. they are both conservative judges who are not too controversial in terms of how they might be viewed by democrats. so it s likely that if he picks one of these two judges they would get through the confirmation process. but again, and i was just talking to a senior administration always shul and you know from covering this white house as well, that no decision is final until it comes out of president trump s mouth. we understand that he has made a decision though. so the white house not tipping its hand that decision coming at 8:00. communicated to the person? that is a very good question. the white house keeping its cards very close to the vest. it is our understanding that the person is aware, i would anticipate, anticipate that that ....

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